United States Second Circuit
US v. Am. Soc. of Composers, Authors & Publishers, 09-0539
In the American Society of Composers, Authors and Publishers' (ASCAP) appeal from the district court's ruling that a download of a digital file containing a musical work did not constitute a public performance of that work, the order is affirmed in part where a download of a musical work does not fall within the meaning of the terms "recite," "render," or "play" in the Copyright Act, and thus, does not constitute a public performance of that work. However, the order is vacated in part where: 1) the district court did not adequately support the reasonableness of its method for measuring the value of the internet companies' music use; and 2) the district court did not adequately support the reasonableness of the 2.5% royalty rate applied to the value of the internet companies' music use.
Appellate Information
- Decided 09/28/2010
- Published 09/28/2010
Judges
- John M. Walker, Jr.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Catherine E. Stetson, Nicholas Bagley