AMERICAN SOCIETY OF COMPOSERS v. MobiTV, Inc.

JON O. NEWMAN, Circuit Judge.

This appeal concerns determination of the proper royalty the Defendanb-Appel-lant American Society of Composers, Authors and Publishers (“ASCAP”) is entitled to receive for a blanket public performance license for music in the ASCAP repertory that is embodied in television and radio content to be delivered to viewers and listeners using mobile telephones (sometimes called “handsets”). The applicant for the license is Plaintiff-Appellee Mob-iTV, Inc. (“Mobi”), which purchases programming from cable television networks and transmits it to the wireless carriers to…