A Second Circuit Court of Appeals handed down mixed results for Internet music providers today in a ruling in New York. The appeals panel rejected claims by the royalty group ASCAP that downloads were live performances and said that transfers alone didn’t amount to a public airing. Terms in the Copyright Act made it clear that a performance involved actual playback or a live show, none of which was guaranteed.
“Music is neither recited, rendered, nor played when a recording (electronic or otherwise) is simply delivered to a potential listener,” the ruling read.
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