ASCAP (American Society of Composers, Authors and Publishers) has discovered a new business model: demanding payment for ringtones. Would be very surprised if the public ridicule of their new bold assertion doesn’t ring out from every quarter. Ridiculous.
[ASCAP’s] latest move is to claim that legally purchased ringtones on mobiles phones, playing in public places, represents a public performance for which it is owed royalties. Songwriters and music publishers already are paid royalties on ringtone purchases, but ASCAP is claiming that buying the file is entirely different than “the performance” (i.e., the phone ringing).
In the EFF’s response to ASCAP, it notes that copyright law makes a specific exemption for performances made “without any purpose of direct or indirect commercial advantage.” ASCAP counters that even if that’s true, only the owners of mobile phones can make that assertion, but the mobile operators (AT&T, Verizon, Sprint, etc.) still need to pay up for performance rights because they are commercial entities, even if the use of the phones is not. The EFF goes on to point out how this reasoning does not mesh with the law, the case law, or the intended purpose of copyright.
On top of this, even if, in some bizarre, twisted interpretation of the law, a ringtone playing on a phone was a public performance, how would it be the mobile operators’ liability to pay? That would be like saying that Apple should pay ASCAP royalties because songs it sells on iTunes could potentially be played through speakers publicly somewhere. Perhaps I shouldn’t be giving ASCAP ideas…
[From ASCAP Now Claiming That Your Mobile Phone Ringing Is A Public Performance | Techdirt]
Morons.
This doesn’t really answer the question, just a little anecdotal side story.
My parents were at a party at a private club sometime back in the 60’s. Think of a country club, but for very working class people. Totally not-for-profit.
Anyway, it was a Saturday night, and there were about 30 or 40 couples partying, eating (people brought potluck food and they cooked chili and hot dogs on the stove), drinking (the club sold beer and liquor), talking, joking, laughing, being friends. And they were dancing to music played on a turn table hooked up to speakers that were wired throughout the room. The music was jazz and big band from the 40s and 50s on albums and 45s.
Well, apparently, one of the people – a guest of a club member – was a member of ASCAP. As you might imagine, that person took issue with the fact that they were playing copyrighted music in such a forum. Nobody took him seriously and the night went on.
A couple weeks later, the club got a letter from ASCAP laying down the law, requesting money for playing music at the party, and requesting annual licensing fees. The club took it to their lawyer and the lawyer said ASCAP was right. The club is still in existence and they still pay an annual fee to ASCAP.
(Sorry for going so long.)
Interesting anecdote. I’d heard of ASCAP coming to restaurants, for instance, but never to such a small party