Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association: Decision of the Supreme Court of Canada 15 July 2022 – Case No. 2022 SCC 30

The Copyright Act does not require that users pay two royalties to access works online. The reading of Sec. 2.4(1.1) of the Copyright Act that is most consistent with its text, structure, purpose, and context is that Sec. 2.4(1.1) clarifies that (1) Sec. 3(1)(f) applies to on-demand streams, and (2) a work is performed as soon as it is made available for on-demand streaming. If a work is streamed or made available for on-demand streaming, the author’s performance right is engaged. If a work is downloaded, the author’s reproduction right is engaged. If a work is made available for downloading, the author’s right to authorize reproductions is engaged. If a work is downloaded or made available for downloading, Sec. 3(1)(f) is not engaged. If a work is made available for streaming and later streamed, Sec. 3(1)(f) is only engaged once.