Judge rules that cell phone ringtones are not public performances, teenagers on Muni rejoice

Wired reports that a federal judge has rejected a claim by ASCAP that a cell phone ringtone constitutes a public performance of a song and is therefore subject to royalties.

ASCAP is one of a few performance rights organizations collecting royalties on behalf of music publishers for music recordings that are played publicly, generally on the radio.

Companies selling ringtones must already pay licensing fees to record companies to create ringtones based on popular songs; ASCAP sought the right to seek further royalties, presumably from people whose ringtone-equipped phones ring in public.

As a supporter of reasonable application of copyright laws, part of me is happy about this ruling. I have to admit, though, that the librarian in me suspects that if people had to pay a little every time their cell phone went off in public, this might be a slightly more peaceful world...