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Perspective

Jul. 7, 2009

Performance Anxiety

If ASCAP is correct that a public performance occurs whenever a ringtone is downloaded, it stands to collect tens of millions of dollars, writes Dylan Ruga.

By Dylan Ruga

If a tree falls in the woods but nobody is around to hear, does it make a sound? Similarly, if a ringtone plays on your cell phone with the volume off, has there been a public performance? According to the American Society of Composers, Authors and Publishers, or ASCAP, the answer is yes.

ASCAP currently is involved in a dispute with AT&T over whether a public performance occurs when ringtones are downloaded on cellular pho...

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