• by Wendy Davis  @wendyndavis, July 6, 2009

In a move that has digital rights groups fuming, the collective rights organization American Society of Composers, Authors and Publishers recently asked a federal court to rule that it is entitled to licensing fees for ringtones.

ASCAP argues that the playing of ringtones is a "public performance" entitling it to licensing fees. The organization made that argument in the context of asking a federal district court in New York to order that AT&T pay licensing fees for the ringtones it sells consumers.

Now, the Electronic Frontier Foundation, Center for Democracy & Technology and Public Knowledge have filed papers asking the court to reject ASCAP's claim. The digital rights groups say that a ruling endorsing ASCAP's argument would leave people vulnerable to copyright infringement claims whenever the ringtones they have purchased play in public.

"A finding that consumers infringe the public performance right each time their phones ring in public threatens to stigmatize millions of consumers as lawbreakers," the groups argue.

ASCAP says it has no plans to charge consumers directly, but the digital rights advocates argue that increased licensing fees will ultimately be passed on to consumers. "Increased royalty obligations on the carriers will mean increased prices for consumers who purchase musical ringtones," they argue.

In addition, the groups argue, noncommercial public performances are not unlawful under federal copyright law. For instance, they say, consumers don't infringe on copyright by playing their car stereo with the windows rolled down.