US publishing collecting society ASCAP is reportedly suing Mahalo.com, a US search engine which includes human input (a bit like a cross between Google and Wikipedia), because it includes video clips, presumably featuring the music of songwriters and publishers represented by ASCAP, but has no licence to do so.
It's an interesting case, though, because all the videos on the Maholo.com site are embedded YouTube videos, and as YouTube has an ASCAP licence, surely the search engine doesn't need a licence too. If they did, wouldn't that mean pretty much every blog in the world would need a licence as well?
The collecting society has been keen to distinguish Maholo.com from your average blogger embedding YouTube pop videos onto their website though, telling reporters: "ASCAP does not offer licenses to - or require licenses from - those who simply make their personal blogs available on purely noncommercial websites. Mahalo.com is a larger venture than simply a personal blog, and therefore ASCAP is engaged in discussions with Calacanis concerning the use of ASCAP members' music on the site".
But YouTube say they don't believe any site that embeds their videos - however big, however commercial - should need an ASCAP licence, because the content is licenced on the source site. They are accusing ASCAP of 'double dipping'. A YouTube spokeswoman blogged on the issue this weekend: "We have become aware of yet another misguided effort on the part of ASCAP to double-dip - this time by pressuring third-party websites which embed YouTube videos to pay royalties to ASCAP. We believe there is no legal basis for ASCAP's position because YouTube itself is currently licensed by ASCAP pursuant to its application made under the antitrust consent decree that governs ASCAP's operations".