ASCAP Asks High Court To Revive Music Download Fee Suit

Law360, Washington (May 9, 2011, 7:53 PM EDT) -- The American Society of Composers, Authors and Publishers last week asked the U.S. Supreme Court to hear its appeal of a Second Circuit ruling that upheld the concept that a music download does not constitute a public performance.

That ruling arose from Yahoo Inc., RealNetworks Inc. and other Internet companies challenging ASCAP's assertion that it is due royalty fees for music downloads. The question is whether an Internet-based music service performs a copyrighted musical work publicly when it transmits a performance of that work to the...
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