United States v. American Society of Composers, Authors and Publishers

627 F.3d 64 (2010)

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United States v. American Society of Composers, Authors and Publishers

United States Court of Appeals for the Second Circuit
627 F.3d 64 (2010)

  • Written by Jack Newell, JD

Facts

The American Society of Composers, Authors and Publishers (ASCAP), an organization responsible for handling the licensing of music on behalf of creators, claimed that if users download a song, that download was a public performance. ASCAP, seeking higher payouts for use of its music, came into conflict with internet companies. A consent decree was entered into, involving the United States government in the dispute. In a case concerning the transmission of musical works over the internet, both parties agreed that the download created a copy for which one needed to pay. However, ASCAP claimed that those who downloaded songs needed to pay separately for the public performance of that work. The district court ruled that downloads were not public performances. ASCAP appealed.

Rule of Law

Issue

Holding and Reasoning (Walker, J.)

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