MUMBAI: The US Supreme Court has declined the American Society of Composers, Authors and Publishers (ASAP) on internet music download as it does not constitute as a public performance of the recorded musical work.
ASCAP had appealed to the Supreme Court after losing the case in district court on September 2010. ASCAP argued that the digital downloads were also public performances for which the copyright owners must be compensated.
The Supreme Court upheld the ruling of district court which stated, "Music is neither recited, rendered, nor played when a recording (electronic or otherwise) is simply delivered to a potential listener. So the downloads are not public performances."
The ruling was based on the interpretation of Section 101 of the Copyright Act, which said "perform a work means to recite, render, play, dance, or act it, either directly or by means of any device or process....
ASCAP filed the suit to ensure two wireless carriers, Yahoo Inc and RealNetworks Inc pay its artistes a share of the substantial revenue they derive from content that uses its artistes' music in different forms. Specifically to ringtones, ASCAP was seeking to license wireless carriers' transmission of its members' music.
ASCAP collects royalties for the public performance of its songwriter members' compositions. The sale of a music download - either a full track or a ringtone - results in a mechanical royalty paid to the songwriter. Those songwriters are paid separately for mechanical royalties for the sale of recorded music.
MUMBAI: The US Supreme Court has declined the American Society of Composers, Authors and Publishers (ASAP) on internet music download as it does not constitute as a public performance of the recorded musical work.
ASCAP had appealed to the Supreme Court after losing the case in district court on September 2010. ASCAP argued that the digital downloads were also public performances for which the copyright owners must be compensated.
The Supreme Court upheld the ruling of district court which stated, "Music is neither recited, rendered, nor played when a recording (electronic or otherwise) is simply delivered to a potential listener. So the downloads are not public performances."
The ruling was based on the interpretation of Section 101 of the Copyright Act, which said "perform a work means to recite, render, play, dance, or act it, either directly or by means of any device or process....
ASCAP filed the suit to ensure two wireless carriers, Yahoo Inc and RealNetworks Inc pay its artistes a share of the substantial revenue they derive from content that uses its artistes' music in different forms. Specifically to ringtones, ASCAP was seeking to license wireless carriers' transmission of its members' music.
ASCAP collects royalties for the public performance of its songwriter members' compositions. The sale of a music download - either a full track or a ringtone - results in a mechanical royalty paid to the songwriter. Those songwriters are paid separately for mechanical royalties for the sale of recorded music.
