ASCAP Strikes Sour Chord With Consumer Advocates

In a move that has digital rights groups fuming, the collective rights organization American Society of Composers, Authors and Publishers recently asked a federal court to rule that it is entitled to licensing fees for ringtones. ASCAP argues that the playing of ringtones is a "public performance" entitling it to licensing fees. The organization made that argument in the context of asking a federal district court in New York to order that AT&T pay licensing fees for the ringtones it sells consumers. Now, the Electronic Frontier Foundation, Center for Democracy & Technology and Public Knowledge have filed papers asking the court to reject ASCAP's claim. The digital rights groups say that a ruling endorsing ASCAP's argument would leave people vulnerable to copyright infringement claims whenever the ringtones they have purchased play in public.