Originally Posted by aresee
There is as three way cat fight going on between the carriers, labels and performers over weigher ringtones are recordings or performances. The outcome determines who gets paid what and how much. Apple avoid the fight by not allowing iTunes recordings to be used as ringtones.
So is the idea that, although I may have purchased the rights to listen to the song, a ringtone represents a "public performance"?
I would think that if I want to use a song I purchased as an alert tone on a handheld device that would be within my fair use. Nobody tries to restrict or charge me if I play me radio on the street, right?
I realize there is a ton of money involved, hence the restrictions, but has anyone challenged the underlying reasoning? Is there even any underlying reasoning, beyond "there's money to be made, so we should make it?"
I should note that using iTunes songs as ring-tones strikes me as a different beast than marketing some version of copyrighted material as ring-tones per se
. That is, how the money is divided up when I download a midi version or a short clip of a song from a carrier with all the restrictions that make it only a ringtone and unusable for other purposes.
The difference being that my iTunes library has already been payed for, which presumably gives me the right to "personal" use however I see fit.
So I guess the legal question would be whether or not a ring-tone is public or private.