New York - A federal judge on Wednesday ruled that digital music and media downloads are not "public performances," and therefore should not be subject to a public performance license and additional royalty payment.

Such public performance royalties are currently paid to songwriters and music publishers for streaming music and other media, while a separate DPD (digital phonorecord delivery) royalty is paid on downloads.

When performing rights organization ASCAP proposed that a public performance royalty also be applied to downloads, groups including the Digital Media Association (DiMA) -- which represents large webcasters -- as well as representatives of digital music retailers filed opposition briefs to the proposal.

The U.S. District Court for the Southern District of New York ruled today that downloads are not public performances.

"Today's decision is a tremendous win for digital media services," said DiMA executive director Jonathan Potter.

"DiMA has argued this case for almost a decade, and we are pleased the court agreed with our view of the law. Unfortunately, some digital media services have actually paid double-dip royalties when pressed by ASCAP, BMI and SESAC. We hope those companies will demand refunds -- with interest.”

Related Links:
http://digmedia.org/content/release.cfm?id=7220&content=pr

http://tinyurl.com/3c9hr8 (Billboard)