Section 115 of US copyright law allows anyone an automatic license to publish a recording if that recording has already been released by the original rights holder. Some may recognize this as the principle that makes those Super Hits of the 70's compilations possible but, that's not all its good for. A point in question previously had been whether ringtones fell under the same legal standing as whole songs. The 35 page finding from the copyright office makes it utterly clear, ringtones and master ringtones are "phonorecords" under copyright law. A ruling which, if I'm corrent, could have much wider implications.

The National Music Publishers association, which had previously been able to negotiate individual deals with each and every ringtone distributor, isn't so thrilled about the clarification. "We are disappointed in the Register's decision, which could hurt songwriters significantly and represents an unprecedented broadening of the compulsory license for musical works, of particular concern is that copyright owners who have negotiated ringtones licenses in the free market for years will now be subject to government regulation. We see no justification for this, and are currently reviewing our legal options."

[via Billboard]