Federal - Intellectual Property Advisory: Court Holds that Performance Licenses Are Not Required for Ringtones

How many different copyright rights does a ringtone implicate? On October 14, 2009, the Southern District of New York, sitting as a rate court under an antitrust consent decree, held that public performance licenses for musical compositions are not required for ringtones. In re Application of Cellco Partnership d/b/a Verizon Wireless, 09-7074 (S.D.N.Y. Oct. 14, 2009). This summary judgment ruling is a favorable decision for copyright users, including those such as the applicant in this case, Cellco Partnership d/b/a Verizon Wireless (Verizon), who already pay a mechanical license fee for the ringtones they provide to their customers. The American Society of Composers, Authors, and Publishers (ASCAP) made two principal arguments in support of its position that Verizon must pay public performance licensing fees for ringtones...

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Mintz Levin - Copyright & Trademark Matters | Attorney Advertising

Written by:


Mintz Levin - Copyright & Trademark Matters on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.