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Ringtone Sales Do Not Require Public Performance License
In In re Application of Cellco Partnership D/B/A Verizon Wireless, No. 09-CV-7074 (S.D.N.Y. Oct. 14, 2009), the U.S. District Court for the Southern District of New York granted Verizon's motion for summary judgment that it did not require a public performance license for musical compositions in order to provide ringtones to its customers.
The American Society of Composers, Authors, and Publishers (“ASCAP”) is a performing rights organization that licenses on a non-exclusive basis the non-dramatic public performance rights to musical works. Pursuant to a consent decree stemming from antitrust litigation filed by the U.S. Department of Justice, anyone desiring a license for the public performance of any ASCAP musical composition may apply to ASCAP for such a license and may perform the music for a fee to be determined later. The Southern District of New York sits as a rate court to resolve any disputes over ASCAP's licensing fees.
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