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06.22.2009 12:18 pm

Is a ringtone a musical performance? One lawsuit says ‘yes’

St. Louis Post-Dispatch
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It seems that I share an annoyance with someone over ringtones - admittedly for different reasons.

Apparently, the American Society of Composers, Authors, and Publishers isn’t a fan of all those ringtones being sold by wireless carriers. I’ve always found ringtones to be a bit annoying. The group of music creators, on the other hand, just wants in on the action. As in, they want to be paid for those ringtone performances.

You can read more about it at ArsTechnica, which has a story about a lawsuit against AT&T, which claims the carrier isn’t paying enough for the musical ringtones it sells to users. The musical association argues that each ring constitutes a performance. Apparently, the “performance” rate is higher than a simple “download” rate.

If nothing else, this is just another reminder about the squishy nature of our digital world - where companies, trade groups and individuals are locked in a constant struggle over what can and cannot be done.

Regardless, it highlights what has been a recurring problem with copyright law in the digital era: digital media, and the DRM that controls their function, blur the neat lines between a broadcast and physical media. Combine that ambiguity with the fact that groups like ASCAP have a mandate to get their members as much revenue as they can, and you have a recipe for lawsuits whenever someone tries to do something new with digital raw material.

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