Digital music downloads are not public performances, and that can’t be appealed. This is the ruling of the US Supreme Court, which has rejected an appeal from collecting society ASCAP against a ruling in September 2010 that no performance royalties were due from download sales. “The district court held that these downloads are not public performances, and we agree,” claimed the original ruling. “Music is neither recited, rendered, nor played when a recording (electronic or otherwise) is simply delivered to a potential listener.” The Supreme Court made no comment on its rejection of the appeal. ASCAP had originally sued two US mobile operators in an attempt to claim performance royalties from sales of ringtones and full-track downloads. At the time of writing, ASCAP has made no comment on the new ruling. Source: Billboard

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