DOJ Weighs In On Digital Download Debacle
The Justice Department under the Obama administration believes that a digital download of a sound recording does not constitute a performance or a public performance, and thus does not justify the imposition of public performance royalties. The government asserted its position in a federal appeals court's review of a 2007 district court decision that rejected the royalty claim by performance rights organization ASCAP.
Digital Media Association Executive Director Jonathan Potter issued a statement Monday saying he was pleased that DOJ has sided with his group, which represents online entertianment services. He argued that PROs have long 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 physically, performed."
The court activity comes as PROs along with composers and songwriters urge Congress to legislate the application of public performance rights to downloads of audiovisual works. The groups recently wrote to lawmakers asking for the change as they consider separate proposals to reauthorize expiring provisions of the Satellite Home Viewer Act and bring AM and FM radio in line with Internet, cable and satellite music platforms that pay performers. Read CongressDaily's recent coverage of this topic here (subscription required).
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