Ringtones aren’t performances: ruling
p2pnet news view Music | Mobiles:- ASCAP recently sued AT&T, claiming each time a cellphone ringtone rang, you were listening to a performance. And that required a royalty payment to ASCAP.
So says Mashable.
“Thankfully, federal judge Denise Cote has ruled that a ringtone going off does not constitute a public performance, because the carrier has no way to control when a ringtone plays nor any expectation of revenue when it does,” says the story, continuing »»»
She also said there was no way to determine whether the threshold for ‘public performance’ would be met for any particular ringtone playback, since it usually requires a ’substantial number of persons outside of a normal circle of its social acquaintances is gathered.’
And her ruling has implications for Big Music efforts to claim royalties on 30-second song previews and performance fees for TV show downloads, says mMashable, adding:
“Part of the language in the judge’s ruling also considered a ringtone download as not being a public performance either, which could set a precedent for the other suit in which ASCAP/BMI are seeking royalties on downloads.”
(Cheers, catflap)
Mashable – Judge: No Royalties for Music Industry Each Time a Ringtone Plays, October 15, 2009
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October 19th, 2009 at 12:58 pm
“. . .nor any expectation of revenue when it does”
So when I share music files (and this what I am doing on purpose and on a massive scale for now 5 years and as retaliation since these parasites started their lawsuits against US citizens) it is not a performance either since there is no expectation of revenue.
So what about Jammie and Tenenbraun?
October 19th, 2009 at 3:22 pm
to quote my favorite ringtone: “Klingeltöne sind wat für Bekloppte” (Ringtones are for the daft)
October 19th, 2009 at 4:06 pm
Probably the quickest way to make yourself sick of any song is to use it as a ringtone.
October 20th, 2009 at 3:59 am
“So when I share music files (and this is what I am doing on purpose and on a massive scale for now 5 years and as retaliation since these parasites started their lawsuits against US citizens)”
DITTO!,the ironic thing is alot of the people i share with do buy the dvd for their collections if they like the movie.So instead of me hurting them buy sharing, i’m actually helping them profit!.
I HATE MYSELF RIGHT NOW!
October 23rd, 2009 at 4:12 am
@kiwishare
yes but its the same way with everything but people have to support the creators somehow.
October 23rd, 2009 at 9:21 am
@ EE:
“Jon’s liberal censorship policies”?
Oh, rilly?
Cheers!