Tuesday, September 28, 2010
2nd Circuit Court of Appeals (USA) denies public performance rights for downloads
The 2nd Circuit Court of Appeals in the USA, which along with the 9th Circuit, is the most important American appeal court for copyright purposes, has just upheld a ruling that went against ASCAP and agreed that a download of musical work does not constitute a public performance. It also remitted the decision to look again at the 2.5% royalty rate set by the District Court.
Once again, this confirms that the American system overall strives to avoid multiple payments for the same transaction. In this case, the reproduction right was involved because copies were made for which compensation must be paid - but there was no public performance.
Here's the opinion, which I haven't yet had time to analyse.