[Fmpro] Another one bites the dust

[James Ryan]

Oops.  Just saw that Mark already posted this.  Sorry....


On 4/26/07 11:56 AM, "James Ryan" <jeryan at optonline.net> wrote:

> 
> 
> Judge: No Performance Right In Downloads
> April 25, 2007 - Publishing | Legal and Management
> 
> By Susan Butler, N.Y.
> 
> Several sources tell Billboard.biz that a federal court has ruled that
> there is no performance right for publishers and songwriters in a
> download. The decision came during a proceeding to determine royalty
> rates between ASCAP and digital services AOL, RealNetworks and Yahoo!.
> 
> Currently, digital services pay a performance royalty for streams and
> pay a digital phonorecord delivery (DPD) royalty, which is akin to a
> mechanical royalty, for downloads. The performance license covers the
> right to "publicly perform" the recorded composition, while the DPD
> license covers the right to "reproduce" a copy of a recorded song and
> to "distribute" it digitally.
> 
> But there's a distinct difference between digital performance and DPD
> licenses. The former are negotiable, so publishers have the right to
> say "no" to a license request. The latter are often compulsory, so
> publishers must grant the license if the song has been previously
> recorded and released in the United States. Requiring both licenses
> for one type of use could increase the cost to companies that want to
> offer downloads.
> 
> After ASCAP proposed a performance royalty rate that included a fee
> for downloads, the digital services filed a motion for summary
> judgment asking Judge William Connor to declare that there is no
> performance right in a download. That request prompted several groups
> to file amicus (friend of the court) briefs, including the National
> Music Publishers' Assn, the RIAA and the Digital Media Assn.
> 
> The decision, if not reversed on appeal, could detrimentally affect
> future performance fees as more television shows become available for
> downloading over the Internet (which would not require payment of a
> royalty) and less available for re-broadcasts (which would require
> payment of a royalty).
> 
> Check back for an updated report. Billboard.biz expects to obtain a
> copy of the decision soon.
> 
> http://www.billboard.biz/bbbiz/content_display/industry/
> e3i72befdb4414929e21e3d455374b9592f
> 
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> 
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