When it comes to the online world and music you got to admit the music industry trade groups like RIAA and ASCAP are tenacious, stupid but tenacious.

Recently ASCAP has been trying to convince the courts that streaming or downloading of music from digital music lockers like Yahoo and Rhapsody constituted a “public performance” and as such companies like these needed to pay an extra licencing fee meant to go to the songwriters.

In the first decision by a district court ASCAP came out the winner as the court also came up with an extremely convoluted formula that involved all the revenue from the offending companies. This meant that companies like Yahoo would have had to pay some of its search revenue to ASCAP – explain that one.

Lucky for Yahoo and Rhapsody an appeals court overturned the ruling and in the process noted that a download does not constitute a public performance. Well obviously ASCAP wasn’t overly happy with the decision and appealed to the US Supreme Court.

It was announced today that the Supreme Court will not hear the case which means that the lower appeal court’s decision will stand and ASCAP can go back home with its tail tucked between its legs.

Finally some sense from the courts on what should have been common sense to begin with.

via Techdirt

US Supreme Courts says music downloads are not public performances is a post from: The Inquisitr

The American Society of Composers, Authors and Publishers (ASCAP) is pushing to receive royalties for ringtones played in public.

ASCAP claims that ringtones that sounds in public constitutes a public performance, a categorization that is beyond the purchased rights of those who have legitimately purchased a ringtone. If ASCAP wins, you, or your telco would have to pay a royalty every time your phone rang using a musical ringtone outside your own home. Did I mention we’re not making this up.

The EFF is dutifully on the case, and is arguing that if the incidental mobile phone playback of a short snippet in a public place were viewed as a “public performance” the Copyright Act has a specific exception, 17 U.S.C. 110(4), that covers performances made “without any purpose of direct or indirect commercial advantage.” The EFF also notes (and again, we’re not making this up) that if ASCAP were to win, playing your car radio with the window down could also constitute a public performance as well.

The greed of the music industry continues to have no bounds. The EFF has more details here, and a copy of ASCAP’s brief as follows:

Music industry now wants to be paid public performance royalties for ringtones is a post from: The Inquisitr