Ringtones Are Not Public Concerts
The American Society of Composers, Authors and Publishers (ASCAP) sued AT&T and Verizon looking to recoup additional royalty fees from people who use ringtones. ASCAP members already receive money from ringtone purchases, but they wanted more money. You know, like a little charge every time a phone rings or something. They lost:
Wired reports ASCAP’s ridiculous argument (gavel bang: ABA Journal):
A federal judge has dismissed the music industry contention that when a cellphone’s ringtone begins playing, copyright infringement starts happening since others can hear the song, essentially arguing that a mobile phone is a portable concert hall.That argument meant that millions of mobile phone users were copyright scofflaws anytime anyone called them.
I don’t think the insufferable noise pollution emanating from the pockets and purses of lemmings who think they are showing individuality is anything at all like a public concert. I’m glad at least one federal judge agrees with me.
The decision (pdf) made it clear that there was no infringement when ringtones are played without any commercial purpose. So make sure you don’t ever ask somebody to pay you for the privilege of listening to your phone. Not only do you run a high risk of getting punched in the face, you also might cause this nonsense argument to waste more judicial time.
Judge: Cellphone Ringtones Are Not Concerts [Wired]
No Royalties for Ringtones, Judge Rules [ABA Journal]
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Comments
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FIRST! BITCHES
People who use long songs as ringtones are idiots anyway. Nobody around them wants to hear their "musical" alerts. They deserve to be taken to the cleaners. Take it to a higher court!
Hopefully ASCAP's next step will be to sue all the people who routinely blast their horrible music from their cars for all to hear. "Hey everyone, my radio works and I know how to turn up the volume. I'm awesome!"
Hopefully ASCAP's next step will be to sue all the people who routinely blast their horrible music from their cars for all to hear. "Hey everyone, my radio works and I know how to turn up the volume. I'm awesome!"
Reminds me of the episode of Scrubs where everyone starts dancing N*SYNC Bye Bye Bye ringtone.
Woohoo! Free mobile concerts for all, we win!
PE enjoys Desperate Housewives reruns in his office. Lots of used kleenex. Very gross.
RIAA + MPAA + ASCAP = douchebag trifecta
I don’t think the insufferable dribble emanating from Elie's mind, through his fingers, and into the text box before him on the computer, is anything at all like a cogent, coherent, well-reasoned thought. I’m glad at least every reader agrees with me.
Copyright is Copywrong Bob. Music is meant to be played, not sold. Copyright and Trademark inhibit the free exchange of ideas, something every Conservative should hate.
Is there a reason so many people are desperate to be "FIRST" in making a comment? Is that the only time such people are first at anything? Why are there so few intelligent comments in many of these posts? Perhaps there is a reason so many people on this site were laid off, no offered, rescinded or deferred.
10 has First envy.
#8 FTW!
11 - Not hardly. Just curious why it is important.
Oh well, another potential source of income is down the drain, though it's not like there is much of a market anyway in ringtones for "Stonehenge" or "Sex Farm" or "Big Bottoms." And no one wants to weep instantly when they answer their phone, so my musical trilogy in D Minor has been a ringtone flop.
Thank you Elie for providing a copy of the decision. But since I was not university material, I don't understand the court's reasoning.
Obviously, the judge is not aware of Improv Anywhere.
http://www.youtube.com/watch?v=-LKbCGV8aH4&feature=PlayList&p=7F7D0BACE9CB5758&playnext=1&playnext_from=PL&index=1
(BTW Elie, I can't believe even you missed this one.)
7 -- FTW!!
9, I would love to hear how copyright and trademark registration inhibits the free exchange of ideas. Please explain, for our education (and humor).
If ASCAP allowed and provided licenses for ringtones to be sold, then I'm pretty sure they implied granted the right for cellphones to actually play the ringtone.
Way to go Lovells!! This will really cement your IP litigation reputation in the US.
DOH!
17,
When you get to your second year, ask the Westlaw rep to direct you to an honest-to-God library. Look for current writings on the Austrian School of economics. Read any. Come back and tell us how fucking stupid your question is.
Not 9, just wildly intolerant of morons