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Saturday, January 16, 2010

BMI Collection Agencies Turn To Ring Tones To Collect Royalties

By Mallory McGuinness-Hickey

It seems as though record companies have developed a new game plan in order to collect royalties. As we all know, the music industry attempted to sue individual users who illegally downloaded songs. But because of this approach to recover from major fiscal loss has destroyed their public image.

Rather than lowering the cost of albums in order to compete with free music circulating through the internet, record companies have turned to collection agencies who are now suing cellphone companies over royalties from ring tones. They contested that ring tones counted as public performances and therefore cell phone companies should be obligated to pay performance fees. The courts quickly shot this down.

Despite this unfruitful endeavour to collect on royalties, Broadcast Music Inc is now suing T-Mobile over ring back tones, alleging that the mobile carrier is selling them without licensing agreements. Unlike ring tones, which play publically when someone calls, ring back tones are only heard specifically by the person calling. Instead of hearing a cellphone dialing, the caller will hear a song that was chosen by the cell owner.

Critics are quick to point out the apparent irony of this lawsuit. If ringtones, which can be heard by anyone around a cellphone, do not constitute public performance, it seems ludicrous to sue the mobile carriers over a ringback tone that can be heard only by the caller. With record companies suffering from huge financial losses, it seems as though they are grasping at straws in order to collect any money that they possibly can.

It does not appear that lowering the cost of CDs, DVDs and other media is an plan that has occurred to the music industry. There are still quite a few fans out there that prefer to collect and own the actual products, but with prices constantly spiking, downloading music for free seems very appealing. Many CDs generally go on sale for about seventeen dollars.

Specific bands have been skirting the issue of music downloading through unique tactics. Radiohead, an alternative rock band, established a website where fans can download the music for free, or for a donation. Nine Inch Nails' Trent Reznor has followed suit. With record companies' unsuccessful lawsuits and declining public image, it seems as though thinking outside of the box and fair pricing may be more effective than bullying money out of mobile carriers and individual users. - 23806

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