Pioneering mobile phone network companies give their patrons more than just wireless communication services but also the audio thrill. Ringtones have been wowing mobile phone users since the advent of monotones, ringtones that are monophonic in nature.
It was then followed shortly by polyphonic ringtones. Consisting of several notes that can play at a time, it makes use of a sequenced recording for playback. However, quick technology turnover has long been a fact in telecommunications. So it’s no surprise that truetones, commonly in formats such as MP3 or WMA, have made the warbling of a Last Song Syndrome in the privacy of one’s shower after being sent an SMS a great way to start the day. That’s because these ringtones represent actual song excerpts.
The legal glitch comes in when there is no exact way of telling if it should be considered a public performance as far as copyright law is concerned.
The ordeal is currently in the hands of a judge in a New York federal court as the American Society of Composers, Authors and Publishers (ASCAP) filed a case against AT&T. According to ASCAP, the mobile phone company should pay royalties as ringtones tend to be a sort of public performance. While AT&T reasons out that such royalties have already been paid to records companies so that the downloading of tracks by subscribers will be considered legal, ASCAP lawyer Richard Reimer points out that copyright owners are entitled to be paid for any use of the music unless it is exempt under copyright law.
So when someone gives you a call or sends you a message, raise your hand and jump to the beat as if you’re in a moshpit. The American Society of Composers, Authors and Publishers (ASCAP) says it’s actually a performance you’re listening to.
This dispute started when there was a refusal from AT&T to reward the performance royalties for ringtones that customers purchase for $2.49. It has gathered attention since then from different organizations, including San Francisco’s Electronic Frontier Foundation siding for AT&T. The two were actually each other’s nemesis on a previous warrantless wiretapping case.
Undoubtedly, this shocked a lot of Americans who legally had their hands on musical ringtones.
In their amicus curiae briefs, San Francisco’s Electronic Frontier Foundation cited that following ASCAP’s logic, it would mean that a whole lot of American citizens would be liable for copyright infringement since their phones ring in public. This was supported by the legal counsel of AT&T, Kilpatrick & Stockton, arguing that there is no performance happening as a consumer purchases a ringtone but it is merely downloading. They further noted that their subscribers should not be liable either since ringtones being heard in public areas is not the Congress’ interpretation when they gave the right to license public musical performances and that ASCAP is just double dipping.
Whether how much despicable loud sounds from ringtones are in public places, it is debatable to view such as a public performance that qualifies for royalty fees. What’s more, there has been a lot of help from ringtone provider companies in particular that has done much to aid the ailing music industry.
All’s left to do is wait for the issue’s impending apocalypse.
Related posts:
- Ruling Comes Down On Ringtone Royalties The mobile media market has been relatively a strong one...
- Musicians Win Ringtone Victory Over Safaricom Ringtones have been a fixture of the mobile landscape since...
- Ringtone Royalty Fate Decided Mobiles and content and media are all but ubiquitous these...
- American Idol Ringtones in Full Swing We are down to our top four American idol hopefuls....
- American Idol’s Top Three Contenders American Idol season 9 is almost over. The last contestant...
Related posts brought to you by Yet Another Related Posts Plugin.
Heavily addicted to ringtones and regular contributor to RingtoneSmash.com 