ASCAP Statement on the Second Circuit decision in Yahoo/Real Networks

ASCAP and its songwriter, composer and music publisher members are, of course, disappointed in the Court's decision that there is no public performance in the transmission of certain musical downloads. We are studying the decision and will determine what further action is appropriate. The Second Circuit remanded the rate calculation back to the district court with instructions to determine whether there are "more precise or practicable" methods of fixing a rate for the use of our members' music. We anticipate that in the end, the proceeding will result in a fair and favorable license fee to be paid by commercial online services for the valuable intellectual property they use to sustain their businesses -- the music created and owned by the songwriters, composers and music publishers ASCAP represents.