| Although it's a fascinating concept legally, it's really no different then radio. Ringtones are a tool used by artists and labels to help promote their artists, the point is for it to be heard by other people. The same goes for radio, artists send their stuff to radio stations to be played over the air. The majority of people who walk down the streets with earphones on listening to music play it so loud that I can hear it, does that constitute a public performance? I think it's going to boil down to better defining what a public performance is, and more then likely the artist will have to be physically present and performing in order for it to constitute as one... |