Ruling: Downloads Not Subject To Public Performance Royalty
April 26, 2007 at 11:27 AM (PT)
The U.S. District Court for the Southern District of NEW YORK yesterday (4/25) ruled that digital music and media downloads are not "public performances" and should not be subject to a public performance license and additional royalty payment, DIGITAL MEDIA WIRE reports.
Performing rights organization ASCAP had proposed that a public performance royalty also be applied to downloads, but the DIGITAL MEDIA ASSOCIATION (DiMA) and others filed opposition briefs.
DiMA Exec. Director JONATHAN POTTER called the decision "a tremendous win for digital media services. DiMA has argued this case for almost a decade, and we are pleased the court agreed with our view of the law. Unfortunately, some digital media services have actually paid double-dip royalties when pressed by ASCAP, BMI and SESAC. We hope those companies will demand refunds -- with interest."