Copyright Law | Expert Legal Commentary
September 20, 2007
US v. ASCAP: Downloading Music from the Internet Does Not Constitute a Public Performance for Which a Performance Royalty Fee Is Due to ASCAP; Only A Reproduction Fee Applies.
U.S. v. American Society of Composers, Authors, and Publishers
By
Olivier A. Taillieu of Zuber & Taillieu
In its decision in US v. ASCAP, 485 F. Supp. 2d 438 (SDNY 2007), the Southern District of New York clarified how the Copyright Law concept of “public performance” applies to the Internet concepts of downloading versus streaming. While on its face, the decision appears to establish a bright line rule, the Court did acknowledge the possibility of more questionable applications in the future.
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About the Author
Olivier A. Taillieu is a Partner of Zuber & Taillieu, focusing on intellectual property litigation and arbitration.
1The Court also cited two more cases for the finding that downloading violates reproduction rights: Maverick Recording Co. v. Goldshteyn, No. CV-05-4523, 2006 U.S. Dist. LEXIS 52422, at 8 (EDNY July 31, 2006) and London-Sire Records v. Armstrong, No. 05CV1771, 2006 US Dist LEXIS 60458, at 3 (D. Conn. July 28, 2006).
