ASCAP Tries To One-Up RIAA In “Cluelessness About Digital Music” Game

noah | March 1, 2007 2:54 am
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Thanks to Hypebot for pointing out that ASCAP has decided that digitally downloaded songs should be subjected to a second set of royalties; the music-publishers’ association is under the impression that a download of a song–even if the song is never played–is a “public performance.” Today, the digital-artists trade organization Digital Media Association (DiMA) put out a press release attempting to explain, slowly and carefully, why this idea is a silly one:

ASCAP and BMI claim that a download or even its “transmission” to a consumer – even if the media file is never opened and made audible or visually perceptible to the recipient – is a “public performance” that justifies an additional license and royalty. “This sophistry is based in fear – that ASCAP and BMI will have no service to offer publishers and songwriters if direct-to-consumer distribution substantially eliminates subscription or advertiser-based performance media,” stated Potter. “This fear seems unwarranted, but regardless, the law clearly states that a transmission justifies performance royalties only if the transmission is of a ‘performance.'”

“If ASCAP prevails its double-dip scheme will inflict an unfair and discriminatory cost burden on innovative online music and media services and our creative partners in the sound recording, motion picture and television industries,” Potter continued. “This result would inhibit the growth of legal, consumer-friendly digital media, and would in turn promote piracy which remains our toughest competition.”

As Hypebot points out, by “inhibit the growth” DiMA means “inflate prices, resulting in even more people fleeing to peer-to-peer services.” Seriously, we’re starting to run out of jokes about the cluelessness of old music-biz people here, although we’d be remiss if we didn’t point out that even the RIAA realizes ASCAP’s idea is a bad one.

Digital Media Association Asks Court to Deny Music Publisher Double-Dip on Music, Movie and Television Downloads [digmedia.org, via Hypebot]