U.S. Copyright Law Update

 So you want to use a radio for on-hold at your business???

Infringers! Beware! Damages are going up.

In a vote for copyright owners, Congress has just made it costlier for rights infringers.  Under the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 (Pub. L. 106-160), signed into law by the President December 9, 1999, the “normal” and “maximum” statutory damages were increased by 50%.  Previously, the normal range of statutory damages was $500 - $20,000 for each work infringed.  Now the range is $750 - $30,000.  The maximum for willful infringement, previously $100,000, is now $150,000.  There has been no increase in the minimum for “innocent” infringement, which remains at $200.

The changes are effective immediately.  Therefore, plaintiffs bringing actions against infringers on or after December 9th will be eligible for the new range of statutory damages, no matter when the infringements occurred.

Another portion of that legislation directs the U.S. Sentencing Commission to adjust the sentencing guidelines for criminal copyright infringement to ensure that criminal penalties are sufficiently stringent and reflect the retail value of the works that were infringed.

Here’s what the American Society of Composers, Authors and Publishers (A.S.C.A.P.) says on their website: http://www.ascap.com/licensing/termsdefined.html#public

 Public Performance or Performance Rights

A public performance is one that occurs “in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered.” A public performance also occurs when the performance is transmitted by means of any device or process (for example, via broadcast, telephone wire, or other means) to the public.  In order to perform a copyrighted work publicly, the user must obtain performance rights from the copyright owner or his representative.

I want to use music-on-hold in my business.  Do I need permission?

Yes.  When you place a caller on hold and transmit music via your telephone lines, this is a public performance of the music.  It is your responsibility to obtain permission to perform ASCAP songs from ASCAP or directly from the copyright owner.  ASCAP represents tens of thousands of copyright owners and millions of songs and an ASCAP license will give you the right to perform them all.