docuticker.com— “The U.S. Copyright Office issued a memorandum opinion that ringtones qualify as digital phonorecord deliveries subject to statutory licensing under Section 115 of the Copyright Law.”
Dec 26, 2006View in Crawl 4
I recommend all to read the PDF-file. I think this is important stuff. Here comes a snippet of the text.----"Summary of Arguments.RIAA argues that ringtones are digital phonorecord deliveriesas that term is defined in the Copyright Act and are subject to statutory licensing under the plainlanguage of Section 115, without limitation. It argues that ringtones in general and mastertones,7in particular, contain no new original material, are not protectable as derivative works, andtherefore cannot infringe on the derivative work rights of the Copyright Owners."----And----"RIAA asserts that downloads of ringtones are DPDs because, when a ringtone isdownloaded, there is a digital transmission of the sound recording that results in a specificallyidentifiable reproduction for the transmission recipient. RIAA argues that the statutory licenseunder Section 115 includes the right of the licensee to distribute ringtones just as it includes theright of the licensee to make and authorize other kinds of downloads.33 RIAA asserts thatstatutory licensing of ringtones is consistent with Congressional intent, as they are just the type ofnew technology contemplated by Congress to be included within the scope of the DPRA."----
mrviklundDec 26, 2006
I recommend all to read the PDF-file. I think this is important stuff. Here comes a snippet of the text.----"Summary of Arguments.RIAA argues that ringtones are digital phonorecord deliveriesas that term is defined in the Copyright Act and are subject to statutory licensing under the plainlanguage of Section 115, without limitation. It argues that ringtones in general and mastertones,7in particular, contain no new original material, are not protectable as derivative works, andtherefore cannot infringe on the derivative work rights of the Copyright Owners."----And----"RIAA asserts that downloads of ringtones are DPDs because, when a ringtone isdownloaded, there is a digital transmission of the sound recording that results in a specificallyidentifiable reproduction for the transmission recipient. RIAA argues that the statutory licenseunder Section 115 includes the right of the licensee to distribute ringtones just as it includes theright of the licensee to make and authorize other kinds of downloads.33 RIAA asserts thatstatutory licensing of ringtones is consistent with Congressional intent, as they are just the type ofnew technology contemplated by Congress to be included within the scope of the DPRA."----