It’s official: a download is NOT a public performance. Duh!

Streaming, yes. Downloads, no.
Glad we needed a Supreme Court decision on this.

ASCAP, of course, is peeved, hoping it could collect performance royalties for internet download sales on behalf of the almost 400k songwriters, composers, and lyricists they represent.

Unfortunately for performance rights organizations (PROs) like ASCAP, BMI, and SESAC, the matter seems settled. 

For more info, check out THIS ARTICLE.

-Chris R. at CD Baby

Sell your MP3s on CD Baby! You won’t earn performance royalties. But you’ll get paid more per sale than by any other download store!