SAN FRANCISCO — It’s clear that the “Living La Vida Loca” cell phone ringtone going off in a line at the grocery store is annoying. What’s not so clear is whether it’s a public performance under copyright law.
A New York federal judge will get to take a crack at the issue in a case that pits the American Society of Composers, Authors and Publishers against AT&T. ASCAP claims the cell phone carrier should pay royalties on what it deems to be public performances of ringtones. AT&T argues that it already pays royalties to record companies to allow its customers to download the jingles, accusing the rights organization of double-dipping.
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