Sorry ASCAP, A Ringtone Is Not A Public Performance
from the nice-try-though dept
ASCAP and BMI have been pushing all sorts of ridiculous claims over the past few months, trying to squeeze extra money out of pretty much everything, rather than actually doing right by those they represent and helping them adapt new business models based on giving people a reason to buy. Beyond claiming that Congress should make sure their royalties never decrease, they've also been saying they deserve money for things like YouTube embeds (even though YouTube already pays them for that same traffic) and the 30 second previews on iTunes and other music stores. However, the most ridiculous of all was trying to claim that ringtones are a public performance, and thus mobile phone providers need to pay ASCAP/BMI. The thing is, ASCAP and BMI already get paid for ringtone purchases -- but this was an attempt to get a second payment on top of that for the fact that people might hear the ringtones.Thankfully (as a whole bunch of you have sent in), a judge wasted little time totally rejecting that reasoning. The court pointed out that the Copyright Act is pretty clear that there's no royalty needed for any sort of "performance" that isn't done for commercial advantage and "customers do not play ringtones with any expectation of profit." It's a pretty complete rejection of an obvious stretch by ASCAP.
We might hope that ASCAP will take this and begin to recognize that the best way to serve songwriters is helping them embrace new business models, but we expect that instead they'll keep looking to squeeze more money and double dip from other providers... while continuing to pay industry insiders to smear those who want to protect consumer rights.
![Hide This Hide this](https://ii.techdirt.com/s/t/i/topclose.png)
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: copyright, double dipping, public performance, ringtones, songwriters
Companies: ascap, bmi, eff
Reader Comments
Subscribe: RSS
View by: Time | Thread
Now, what I could comment, is the sad state of the American legal system/culture/environment and ASPCA/BMI/RIAA/MPAA...
1) The court system is in such a sad state that we ACTUALLY have to WORRY about the court making a wrong decision in this kind of clear cut and basic frivolous case. Either the court's judges' intelligence has dropped so low or that judges' corruption has cause us to lose most of the faith in our legal system (can't rule out both reasons are valid) What would happen when the day comes that we put judges on the same level as lawyers?
2) The industry environment is in such a sad state that they would do anything, ANYTHING to try to squeeze pennies out of consumers. How dumb are these people not realizing all these actions just cause people to lose respect and for some people, the anger drives them to commit copyright infringement? (those ******s! I would never pay them anything attitude). Either that or they think we, the general public and consumers, are idiots who believer everything they say.
Of course, in this case we see a dog biting another dog, and it's very entertaining. Hey, here is the news, we are much more empowered now by new technology and new communication methods. The days where you can just steamroll us, your paying customers, are over. OVER I SAID.
[ link to this | view in thread ]
[ link to this | view in thread ]
What? But it *IS* public!!
Record Producers everywhere are scrambling to find a way to pay the mortgage on their third house on the Tetiara Atoll.
Here's a hint: SlimThug's Music Video "Still The Boss" has some good ideas and answers, including clipping coupons.
[ link to this | view in thread ]
Common sense prevails
[ link to this | view in thread ]
Dead serious, the way I make a living is just sitting around, downloading ringtones, and playing them on my crappy little phone speaker on the street so that people will give me spare change.
I make the mad duckets, yo. It's good to be the king.
[ link to this | view in thread ]
They should charge speaker makers too. Afterall, speakers are being used for public performances.
[ link to this | view in thread ]
I'm in a car
1. I buy a CD or iTunes or album.
2. I play the music in my car loudly.
3. I roll down the windows of my car.
4. These people demand I pay... again, for the mobile public performance?
[ link to this | view in thread ]
Re: I'm in a car
[ link to this | view in thread ]
You should never have to pay for something over the air.
[ link to this | view in thread ]
Re:
I stand corrected. :)
[ link to this | view in thread ]
Re:
michael vick - is that you?
[ link to this | view in thread ]
SPCA/BMI/RIAA/MPAA Are Obsolete
[ link to this | view in thread ]
ascap
later, i saw it from the other side. i had a gig in a restaurant. the owner told me about ASCAP putting the touch on him for the fee. He responded by canning the radio altogether. I also made sure I was playing no ASCAP tunes, which was quite easy. ASCAP still tried to weasel some money out of him, and he told them where they could put it. ASCAP was running a joke operation, and I doubt it's any better today.
I don't know how BMI operates; somehow I never crossed paths with them.
[ link to this | view in thread ]
It's petty I know.. but I have very little to look forward to everyday that I wake up and realize that I'm not dead.
[ link to this | view in thread ]
A case of double billing?
So why do we have to pay again in order to have your phone go off?!
[ link to this | view in thread ]
Sorry ASCAP, A Ringtone Is Not A Public Performance
VRP
[ link to this | view in thread ]
Ringtones and public performance
[ link to this | view in thread ]