Yahoo! Inc. and RealNetworks, Inc. (collectively, the “Internet Companies”) sought separate blanket licenses to publicly perform the entirety of the American Society of Composers, Authors and Publishers (“ASCAP”) repertory for certain of their websites and services. A blanket license is a license that gives the licensee the right to perform all of the works in 5 the repertory for a single stated fee that does not vary depending on how much music from the repertory the licensee actually uses.
In this case, the Internet Companies offer their customers the ability to download musical works over the Internet. It is undisputed that these downloads create copies of the musical works, for which the parties agree the copyright owners must be compensated. However, the parties dispute whether these downloads are also public performances of the musical works. ASCAP contended that the downloads are public performances for which the copyright owners must separately and additionally be compensated. The district court held that these downloads are not public performances, the Second Circuit Court of Appeals agreed.
The Court held that the downloads were not musical performances that were simultaneously perceived by the listener. Rather, they were only transfers of electronic files containing digital copies from an online server to a local hard drive. Because the downloads at issue involved no recitation, rendering, or playing of the musical work encoded in the digital transmission, such a download was not a performance of that work.
About The Author
Safeguarding Ideas, Relationships & Talent®
Filmmakers face an often confusing and changing set of challenges trying to ensure that their business remains legally compliant. Yet few can afford the highly-qualified and versatile legal staff needed to deal with today’s complex and inconstant legal and regulatory environment. Adler & Franczyk is a boutique law firm created with a specific mission in mind: to provide businesses with a competitive advantage by enabling them to leverage theirintangible assets and creative content in a way that drives innovation and increases the overall value of the business.
We approach our relationship with each client as a true partnership and we view our firm as an extension of their capabilities. Our primary value is our specialization on relevant and complex issues that maintain the leading edge for our clients. We invite you to learn more about the services we offer and how we differ.
On the web: www.ecommerceattorney.com
On Twitter: http://www.twitter.com/adlerlaw
On LinkedIn: http://www.linkedin.com/in/adlerlaw
Ping® by AdlerLaw A Legal Blog 