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Second Circuit rules digital music downloads are not public performances under the Copyright Act

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • October 11 2010

The Second Circuit recently held that the download of a digital file containing a musical work is not a "public performance" of the underlying work, and therefore that online music vendors need not obtain or pay for public performance licenses for their distribution of - and their customers' use of - digital music files

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