Cases

SCC Case Information

Summary

33921

Entertainment Software Association, et al. v. Society of Composers, Authors and Music Publishers of Canada

(Federal Court) (Civil) (By Leave)

Keywords

Intellectual property.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.

Intellectual Property – Copyright – Whether a download of a video game that includes music is a communication of that music to the public by telecommunication within the meaning of para. 3(1)(f) of the Copyright Act, R.S.C. 1985, c. C-42 – Whether standard of reasonableness or standard of correctness applies on judicial review of Copyright Board’s decision that a download of a video game that includes music is a communication of that music to the public by telecommunication.

The applicants represent publishers, developers and distributors of interactive entertainment software products (primarily video and computer games). Their members collectively generate approximately 90% of North American interactive software product sales. On-line downloads of games generate approximately 5% of sales of interactive entertainment software products. On October 18, 2007, the Copyright Board released a decision stating the royalties to be collected for the communication to the public by telecommunication, in Canada, of musical or dramatic-musical works for the years 1996 to 2006: SOCAN Tariff 22.A (Internet Online Music Services).