Techs & Trends

Actually there is no logical way to enforce this. There is no way for the carrier to tell when the ringtone has gone off, or if it went to vibrate. I might have recorded my own voice for all they know. That I don't have to pay royalties for. I still own that. (at least today, but Im sure not for long if ASCAP has anything to say about it)

The royalty for the ringtone further includes the use of the ringtone, and even takes into account mechanical royalties for the possibility of it being transfered to different types of media.

I have no commercial value to my ringtone going off in public. It doesn't make me cool, or even special for that matter. Any idot with $2 can go get the same one.

Furthermore At&t already has fulfilled their obligations to the copyright holders with the original sale. They have to pay the royalty to sell it with the intention of it being listened to. The end user is then responsisble for paying further royalties for public performance.
If I am a DJ, and buy all my CD's at walmart. Walmart does not have to pay for the public performance of the music. The BMI and ASCAP fees are either covered by the venue of performance, or the individual "performer" (DJ/Band).

The Musicians Union even has it written into their contract that the venue is responsible for BMI and ASCAP fees so the performer is not hit with it.