Judge: ringtones aren’t performances, so no royalties

“If your cellphone has a musical ringtone, step back and
appreciate it the next time a friend dials you—according to
the American Society of Composers, Authors, and Publishers, you’re
listening to a performance. In the latest sign of just how
confusing the music licensing system is, ASCAP is suing AT&T
over the carrier’s sale of musical ringtones, looking for a cut of
the revenue—even though the carrier is already paying for the
download rights to these tunes. In a recent filing unearthed by the
Electronic Frontier Foundation, ASCAP says that download payments
aren’t enough because each ring constitutes a performance.”

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