ASCAP sues AT&T seeking royalties on ringtones heard in public

[scooterjes]

Sad news for ringtone lovers. Hope it doesnt actually happen.

[ALN28241]

I can't visit that site at work, but I plan on reading this when I get home. However if this is true it is absolutely ridiculous.

[Dcookie ACE - Geek]

I also think this is ridiculous.

[Planet-Ed ACE - Geek]

This will never fly.  ATT has no control over the ringtones that users use on their phone.  All that can be done is what is going on now.  ATT charges for a ringtone when its sold.

This would be like car radio manufactures having to pay royalties for songs people play in their CD player since other people could hear it.

[Smurfette27]

I use twitter via sms. and have phonescoop on my twitter.. Read this article today.. Kind of petty.  Ringtones should be free for customers. and it's basically free advertising for the song artists.

[Athena]

EFF.Org is also fighting it..

http://www.eff.org/press/archives/2009/07/02

"New York - The Electronic Frontier Foundation (EFF) urged a federal court Wednesday to reject bogus copyright claims in a ringtone royalty battle that could raise costs for consumers, jeopardize consumer rights, and curtail new technological innovation."

[shamefulidentity]

Looks like ASCAP is going to be the Metallica of the cell phone world. Trying to limit everything they possibly can to make the biggest profit possible, that way whenever your phone rings you'll be charged a fee from ATT. That or your $1.99 ringtone will cost you $19.99.

[scooterjes]

The biggest problem is if i made the ringtone myself from my own MP3 how are they gonna know anf If does(which I doubt it will) go I could see ATT locking down cell phones even more like making it where you can only play DRM ringtones on the phone but for every lock there is a lockpick so it wont last for long.

[Mister Xiado]

It'll never fly. Even the MPAA claims that a camcorder recording of a television broadcast is sufficiently cruddy enough to be a fair use copy.

I would hardly think that a ringtone emanating from someone's back pocket constitutes public performance. Oops, playing CDs, MP3s (and other digital audio), and tapes in your car is KILLING THE MUSIC INDUSTRY, the poor starving executives will have to break out the twenty THREE karat goldenware while they cry into their unicorn steaks.

[jason213x]

I too agree that this is a bunch of balogna. So if you play a ringtone for a friend to listen to then that means someone could come after you? Wow, then the ringtone I downloaded from AT&T would need to be looked at as infringement? Man what other bogus stuff can people in this world come up with. Riding a broom for halloween does that consider you a witch to be hung?

[Sandspurious]

Maybe for fun, someone in the courtroom could call the opposing lawyers and when their ringtone goes off, request a mis trial.

[Starfall]

AT&T can't be liable because the ringtone was downloaded legally by the user per agreement between AT&T and the RIAA and individual recording companies that licensed the ringtones for AT&T.

Plus the public broadcast is done by the user, and not by AT&T.

If this lawsuit is allowed to go through, anyone would be liable for any music they play unless they wear headphones at all times.