Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Internet Music Stream vs. Download
If a music file is downloaded to a computer and no one is there to play it, does it constitute a performance? This is not some question from a digital-age freshman philosophy seminar ' it was the legal issue recently facing Judge William C. Connor in the U.S. District Court for the Southern District of New York in United States v. American Society of Composers, Authors and Publishers (ASCAP), 485 F.Supp.2d 438 (S.D.N.Y. 2007). Connor found that a digital download alone, as distinct from a digital media 'stream,' does not constitute a performance. While this decision seems obvious and has been widely viewed as correct (by everyone other than ASCAP), it is not actually as simple as it first seems.
ASCAP is one of three performance-rights organizations (along with BMI and SESAC) that track public performances of musical compositions, and collect and distribute royalties to publishers and composer members. Because a performance occurs every time a song is played on the radio or television, the process is extremely cumbersome and the performance-rights organizations make it possible to efficiently track, collect and distribute the statutorily mandated royalties. ASCAP functions under an amended final judgment, dating (in various versions) from a 1941 antitrust action. Pursuant to the amended final judgment, ASCAP establishes a fixed royalty rate for each type of performance of its works. Disputes over the appropriate royalty rate for a given kind of performance are adjudicated by the court that heard the original antitrust action ' often called the ASCAP rate court ' if the rate cannot be decided between the parties. These rate disputes still appear under the original 1941 'Civ.' docket number in the Southern District and Judge Connor presides over these cases.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.