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Twentieth Century Music Corp. v. Aiken
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Twentieth Century Music Corp. v. Aiken : ウィキペディア英語版
Twentieth Century Music Corp. v. Aiken

''Twentieth Century Music Corp v. Aiken'', 422 U.S. 151 (1975), was an important decision of the United States Supreme Court, out of the Third Circuit, that questioned whether the reception of a copyrighted song on a radio broadcast constitutes a copyright violation if the copyright owner has only licensed the broadcaster to "perform the composition publicly for profit".
==Case summary==

"George Aiken's Chicken" is fast food restaurant in Pittsburgh, Pennsylvania, owned and operated by George Aiken. Food can be purchased and consumed inside of the store or ordered and taken out. Inside the store, radio station broadcasts are played over loud speakers that are audible to anyone in the restaurant. On March 11, 1972, two songs copyrighted by Twentieth Century Music Corp. were played over the radio and heard by customers in the restaurant. While the radio station broadcasting the songs was licensed by the American Society of Composers, Authors and Publishers (ASCAP) to play them, Aiken's establishment was not.
The petitioners of the case were Twentieth Century Music Corp., which owned the copyright to one of the songs, "The More I See You", and Mary Bourne, who owned the copyright to the other song, "Me and My Shadow". The petitioners claimed that Aiken's broadcast of their songs in his establishment violated their right to publicly perform their work for profit. While the United States District Court for the Western District of Pennsylvania initially sided with the petitioners and required that Aiken provide monetary compensation for the copyright infringement, in 1975 the United States Court of Appeals for the Third Circuit overturned the ruling, stating that the respondent did not infringe upon the petitioners' right under the Copyright Act "()o perform the copyrighted work publicly for profit" since the radio broadcast in the establishment was not equivalent to a "performance". A similar decision was made in earlier court cases such as Fortnightly Corp. v. United Artists in 1968 and Teleprompter Corp. v. CBS in 1974.
Respondent did not infringe upon petitioners' exclusive right, under the Copyright Act, "()o perform the copyrighted work publicly for profit," since the radio reception did not constitute a "performance" of the copyrighted songs. Fortnightly Corp. v. United Artists, 392 U.S. 390 ; Teleprompter Corp. v. CBS, 415 U.S. 394.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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