Customizable cell phone ring tones, a fact of life in other countries, are starting to make a big showing in the United States. Consequently, the music licensing battle here is revving up. ASCAP is starting to crack down on ring tone sellers who are using tunes without permission. Some U.S. ring tone sellers are working out licensing agreements. EMI has already sued and settled with one company. The catch in the U.S. is that “performance rights” must also be paid for, in addition to the right to reproduce a song in a ring tone, and no decision has ever been made on whether a cell phone ring counts as a performance. Now, I wonder, what happens if a cell phone ring is used within a movie or theatre performance?