"Although we acknowledge that the term “perform” should be broadly construed [cite omitted] we can conceive of no construction that extends it to the copying of a digital file from one computer to another in the absence of any perceptible rendition. Rather, the downloading of a music file is more accurately characterized as a method of reproducing that file."It's true that music publishers are still seeking to get paid both ways and that they petitioned Congress to revise the copyright law accordingly. But their desires have not yet been transformed into law and we'll report if and when things change.
Home » copyright » download » mechanical rights » public performance » Does Downloading MP3s Trigger Public Performance Payment?
Posted by Mr. Q at 6:00 AM Wednesday, April 27, 2011
2007 decision, a federal court held: