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627 F.3d 64 *; 2010 U.S. App. LEXIS 19983 **; 96 U.S.P.Q.2D (BNA) 1360 ***; Copy. L. Rep. (CCH) P29,981; 2010-2 Trade Cas. (CCH) P77,197
UNITED STATES of AMERICA, Plaintiff-Appellee, -- v. -- AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, Defendant-Appellant-Cross-Appellee, In the matter of Applications of REALNETWORKS, INC., YAHOO! INC., Applicants-Appellees-Cross-Appellants.
Subsequent History: As Amended October 14, 2010.
Costs and fees proceeding at, Motion granted by United States v. ASCAP (In re RealNetworks, Inc.), 2011 U.S. Dist. LEXIS 41137 (S.D.N.Y., Apr. 15, 2011)
US Supreme Court certiorari denied by Ascap v. United States, 132 S. Ct. 366, 181 L. Ed. 2d 232, 2011 U.S. LEXIS 6771 (U.S., Oct. 3, 2011)
Prior History: [**1] American Society of Composers, Authors and Publishers ("ASCAP") appeals the district court's ruling that a download of a digital file containing a musical work does not constitute a public performance of that work. Yahoo! Inc. and RealNetworks, Inc. (collectively, the "Internet Companies") cross-appeal the district court's assessment of the fees for the blanket licenses they seek to perform musical works in the ASCAP repertory.
We affirm the district court's ruling that a download of a musical work does not constitute a public performance of that work, but we vacate the district court's assessment of fees for the blanket ASCAP licenses sought by the Internet Companies and remand for further proceedings in light of this opinion.
United States v. ASCAP, 485 F. Supp. 2d 438, 2007 U.S. Dist. LEXIS 31910 (S.D.N.Y., 2007)United States v. ASCAP, 599 F. Supp. 2d 415, 2009 U.S. Dist. LEXIS 31999 (S.D.N.Y., 2009)United States v. ASCAP, 559 F. Supp. 2d 332, 562 F. Supp. 2d 413, 2008 U.S. Dist. LEXIS 36226 (S.D.N.Y., 2008)
Disposition: AFFIRMED in part, VACATED in part, and REMANDED.
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