United States Supports DiMA Position on Digital Downloads
Washington, D.C. (8/10/2009) – The Digital Media Association (DiMA) is pleased to learn that the United States Department of Justice has filed an amicus brief supporting DiMA’s position that a digital download of a sound recording is not a performance or a public performance, and, thus, does not justify the imposition of public performance royalties.
The Government filed its brief in the U.S. Court of Appeals for the Second Circuit, which is reviewing a 2007 district court decision that rejected ASCAP’s royalty claim. DiMA will file an amicus brief in this case next week.
“For more than 15 years ASCAP, BMI and SESAC have sought to stretch current law by asserting that every transmission of a copyrighted musical work is a “public performance” under the Copyright Act, regardless of whether that work is ever publicly, or even actually, performed,” said DiMA Executive Director Jonathan Potter. “DiMA is pleased that today the United States Government has joined our efforts to rebuff the expansionist efforts of performance rights organizations (PROs), and in doing so has encouraged rationality and stability in the digital entertainment economy.”
In another matter, U.S. District Court is considering ASCAP’s demand that public performance rights and royalties should apply to downloads of ringtones; further, the PROs have requested that Congress legislate the application of public performance rights to downloads of audiovisual works. “ASCAP’s persistent efforts to extend its untenable position and demand duplicate payments in all forms of media make the U.S. Government’s intervention even more meaningful,” said Potter.
“Songwriters and music publishers are paid full royalties every day with respect to millions of digital downloads by digital music services, ringtone providers, sound recording producers and television and motion picture producers,” said Potter. “DiMA is hopeful that the Court of Appeals will agree that these payments are adequate, and that the overreaching efforts of the PROs and their industry colleagues will finally end.”
Brief of the United States - US v ASCAP
DiMA is the ambassador for the digital media industry: webcasters, online media, digital services, and technology innovators. DiMA advocates for business and regulatory environments that support our members’ growth and success, including fair competition, fair royalties, innovation and consumer welfare.
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For more information, please contact:
Sheri Lapan | Digital Media Association | 1029 Vermont Ave Suite 850 | Washington, DC 20005
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