DiMA Applauds Court Ruling that Digital Downloads are Not Public Performances

(Washington, D.C. -- Oct. 7, 2010)  The Digital Media Association praised the U.S. Court of Appeals’ ruling today that digital music downloads do not constitute public performances and therefore are not subject to performance royalties.

“DiMA and our member companies are pleased by today’s decision that denies ASCAP a double-dip royalty on digital music downloads,” stated Lee Knife, DiMA’s interim Executive Director.  “Digital music innovators are committed to paying appropriate royalties, and songwriters and music publishers are paid fairly and fully for digital downloads when reproduction and distribution rights are implicated.”

A download is a distribution of a copy of a musical work, which entitles copyright  owners to a statutory royalty for that reproduction. ASCAP, which collects royalties on behalf songwriters for public performances, such as radio airplay, had argued that the transmission of a download to a purchaser should be considered a performance as well as a distribution, and should bear BOTH a reproduction royalty and a performance royalty, at the same time.

View Court Decision (PDF)