ASCAP v. MobiTV, Inc., No. 10-3161 (2d Cir. 2012)Annotate this Case
This appeal concerned the determination of the proper royalty ASCAP was entitled to receive for a blanket public performance license for music in the ASCAP repertory that was embodied in television and radio content to be delivered to viewers and listeners using mobile telephones (handsets). The applicant for the license was Mobi, which purchased programming from cable television networks and transmitted it to the wireless carriers to which consumers subscribe to obtain wireless service on their headsets. The court concluded that the district court did not err in concluding that the retail price paid by customers for a service that delivered video and audio channels containing music to their headsets was not a good measure of the value of the music itself; the district court did not err in using a wholesale revenue base; and ASCAP's remaining objections were properly rejected by the district court.