Download transmissions are public performances under the Copyright Act and the "plain language" of the law defines the public performance right to encompass the activity, lawyers for the American Society of Composers, Authors and Publishers told a federal court in New York this week.

Technology Daily ran a story on digital media firms' opposition to ASCAP's claim in Wednesday's PM edition but ASCAP's filing was not made available by our deadline. The Digital Media Association called ASCAP's definition of public performance "a money grab."

In its brief, ASCAP alleges that legislative history also supports the group's conclusion that downloads are public performances. ASCAP cites the Digital Performance in Sound Recordings Act and U.S. adherence to the World Intellectual Property Organization's copyright treaty as proof.

Judicial interpretation of the Copyright Act also supports the claim, ASCAP told the court, adding that "transmissions of copyrighted works are public performances even when the public cannot receive them immediately." "Streams involve the public performance right because they are transmissions of performances," the group alleged. "There is no reason to treat downloads and streams differently."

"The emergence of the digital world is dramatically reshaping the way music is purchased and enjoyed," ASCAP CEO John LoFrumento said in a statement. "We strongly believe that our members are entitled to be compensated for all Internet transmissions of their music to the public – including the public performance that is an essential part of a music download.”

Additional briefs opposing ASCAP were expected from the wireless group CTIA and the Recording Industry Association of America.