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The US Court of Appeals for the Second Circuit has ruled that an Internet download does not constitute a performance. The American Society of Composers and Publishers (ASCAP), which has been very active in pursuing more rights for copyright holders, had earlier argued that a download of a song, for example, is a form of public performance.
However the court has denied the ASCAP's arguments, saying that while a download is a reproduction, that is cannot be considered a type of public performance unlike say audio/video streaming on the Internet.
The ASCAP was disappointed in the decision, releasing a statement that read "ASCAP and its songwriter, composer and music publisher members are, of course, disappointed in the Court’s decision that there is no public performance in the transmission of certain musical downloads. We are studying the decision and will determine what further action is appropriate".
This is not the first time that the ASCAP has tried to extend the definition of a public performance. They previously tried, and failed, to get phone ringtones recognized as a public performance.
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However the court has denied the ASCAP's arguments, saying that while a download is a reproduction, that is cannot be considered a type of public performance unlike say audio/video streaming on the Internet.
The ASCAP was disappointed in the decision, releasing a statement that read "ASCAP and its songwriter, composer and music publisher members are, of course, disappointed in the Court’s decision that there is no public performance in the transmission of certain musical downloads. We are studying the decision and will determine what further action is appropriate".
This is not the first time that the ASCAP has tried to extend the definition of a public performance. They previously tried, and failed, to get phone ringtones recognized as a public performance.
More:
