The "New " Business of Music

The much older legal device claled a "Mechanical Licene" satisfied the performance royalty question for recorded music for many years. It attached a copyright to a device (the CD or LP) and provided for payment per item sold. Mechanical licenses are automatic I believe at the present moment. The artists would be entitled to a public performance royalty if the track were streamed in the manner of a webcast.The difference beeing that the webcast (being essentially the same as a broadcast) is ephemeral, that is it has no physical existence apart for the moment the listener hears it.A downloaded file on the other hand is meant to be kept as a physical incarnation (all be it in the form of bits and bytes on a computer hard drive) as a file or copied to other permanent media.The difference is clear to anyone who is technology and copyright savy and utterly incomprehensible to anyone not familiar with both areas.So, definitely NO, they should not get a performance royalty for downloaded music. It is double dipping!Cheers,davida.k.a. recordjackethistorian

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