June 24, 2009
ASCAP and Copyright Doublespeak
Just a few days ago, the EFF pointed out that ASCAP is arguing in federal court that every time your musical ringtone rings in public, you're violating copyright law by "publicly performing" it without a license.
Now, reports the EFF in a follow up article:
ASCAP has fired up its spin control machinery and issued a statement to Billboard, including this talking point, doubtless meant to be reassuring:
To be completely clear, ASCAP’s approach has always been to license these businesses – not to charge listeners/end-users.
This is an archetypal example of copyright doublespeak. What ASCAP should be saying is: "It's not infringing when your ringtone goes off in public." That's because the Copyright Act specifically provides in Section 110(4) that public performances "without any purpose of direct or indirect commercial advantage" are "not infringements of copyright."
Instead, ASCAP's statement essentially amounts to "you're all pirates, but don't fret, we'd never sue you for it, just every company that provides you with services."
Read full article.
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