LaFrance on Music Downloads as Reproductions Rather than Public Performances

Document Type

Response or Comment

Publication Date

2010

Abstract

In a significant loss for music performing rights organizations, the Second Circuit held in United States v. ASCAP, 2010 U.S. App. LEXIS 19983 (2d Cir. Sept. 28, 2010), that digital downloads of music are not public performances if the music is not rendered perceptible during the download. Mary LaFrance discusses this important case and the implications for the future.

Publication Citation

2010 Emerging Issues 5365

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