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''Entertainment Software Assn v Society of Composers, Authors and Music Publishers of Canada'', (2012 SCC 34 ), is a landmark Supreme Court of Canada judgement that clarified the nature of and relationship between, the bundle of rights created for copyright owners under section 3(1) of the ''Copyright Act of Canada''. In particular, the Supreme Court considered the relationship between the reproduction and communication rights under the ''Copyright Act'', and applied the principle of technological neutrality to hold that downloading a work engaged only the reproduction right, and not the communication right. This judgement is one of a series of five important and interrelated copyright law decisions that the Supreme Court released in 2012. ==Background== The Entertainment Software Association (ESA) is a coalition of video game publishers and distributors who enable their customers to download copies of video games over the internet. These games contain copyrighted musical works and are identical to the copies sold in stores or shipped to customers by mail. It is standard practice that video game publishers negotiate royalty fees for reproduction of the musical works with the copyright owners before the games are published. After negotiations, the copyright owners have no further rights once the game is sold, be it in a store or shipped to customers.〔Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 34 () at paras 52-55.〕 The Society of Composers, Authors and Music Publishers of Canada (SOCAN) is a collective society of composers, authors and publishers of music, which administers the right to communicate to the public by telecommunication the copyrighted works of its members. In 1995, SOCAN applied to the Copyright Board for a tariff covering downloads of musical works over the Internet.〔''ESA'' at paras 56-57.〕 The tariff had been contested by various parties, and led to a previous judgment of the Supreme Court in ''Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn. of Internet Providers''. The Copyright Board was tasked with determining which Internet-based acts engaged the rights of SOCAN's members under section 3(1) of the ''Copyright Act''. Section 3(1) of the ''Copyright Act'' gives copyright owners: ''the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof, and includes the sole right....''〔''Copyright Act'' RSC 1985, c C-42, s 3(1).〕 Section 3(1) then lists additional subsections, including subsection (f) which reads, "in the case of any literary, dramatic, musical or artistic work, to communicate the work to the public by telecommunication."〔''Copyright Act'', s 3(1)(f).〕 The term "communicate" is not defined in the Act. The Copyright Board concluded that the download of a file containing a musical work is a communication to the public by telecommunication within the meaning of s. 3(1)(f). Therefore, SOCAN's members were entitled to compensation when publishers sold the video games over the internet despite the fact that royalties had already been negotiated.〔''ESA'' at para 60.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Entertainment Software Assn v Society of Composers, Authors and Music Publishers of Canada」の詳細全文を読む スポンサード リンク
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