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