http://www.allaccess.com/net-news/archive/story/97285/supreme-court-ruling-goes-against-ascap
In 2010 performing right's organization know as ASCAP lost a litigation against the Supreme Court. This case was about acknowledging that digitally downloaded music is in fact a public performance and the retrieval of royalties by two (2) wireless carriers, which were profiting in the millions off of ASCAP catalogs. However, the Supreme Court thinks otherwise and states: The download of a music work does not constitute a public performance"...Really?
People who pay for these downloads are in other words paying the PRO, and the songwriter in exchange for having this song in their possession and playing it any amount of times they wish. ASCAP appealed this decision, but the appeal was rejected at the appeals court. Unfortunately ASCAP and many ASCAP members will not benefit from the million of dollars of revenue that come in annually from digital downloads. In addition, section 101 of the Copyright Act, which states "perform a work means to recite, render, play, dance, or act it, either directly or by means of any device or process." was brought out to light and many examples where given on how musical works are "recited". Personally, I feel that this is a horrible thing done to authors and composer of ASCAP, and absolutely not fair to the ASCAP organization. Industry standards state that if a person purchases a song or any other music work, their paying for a performance in which royalties is payable to the owners of the musical composition. One of the exclusive right that an owner of a copyrighted work has is known as, the right to collect royalties off their work, and the right to license to a party of their choice. So where do these exclusive right come into effect? Music publishing remains a very lucrative business however, there are still too many loops holes to fix due to the growing digital era. Personally, legislation needs to represent composers and authors much more and regulate wireless, an internet activity so that those who are entitled to royalties are actually getting them!
http://www.billboard.biz/bbbiz/industry/legal-and-management/supreme-court-rejects-ascap-download-appeal-1005382292.story
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