Supreme Court Rejects ASCAP’s Argument That Music Downloads Are Public Performances

Film Music Magazine • October 5, 2011

The Supreme Court let stand on Monday a ruling against ASCAP that a traditional Internet download of sound recording does not constitute a public performance of the recorded musical work under federal copyright law. The justices refused to review a ruling by an appeals court in New York that the download itself of a musical work does not fall within the law’s definition of a public performance of that work. ASCAP says the ruling has profound implications for the nation’s music industry, costing its members tens of millions of dollars in potential royalties each year.
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