Record Companies Are Now Suing Mobile Carriers For Royalties

By Mallory McGuinness-Hickey

Record companies have apparently found a new tactic to cash in on royalties. As we are well aware, at first these businesses sued individual users who illegally downloaded music. But this approach to collecting money in order to recover from major financial 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.

After this unsuccessful attempt to collect money, Broadcast Music Inc is now suing T-Mobile over ring back tones, contesting that the cell phone company is selling them without agreeing to licensing agreements. Instead of ring tones, which play out loud when someone calls a cellphone, ring back tones play expressly to the person calling. That is to say, instead of hearing a cellphone dialing tone, the caller will hear a song chosen by the cell owner.

Cynics are quickly to point out the seeming irony of this lawsuit. Ringtones which can be heard by anyone around a cellphone do not count as a public performance, so it seems ridiculous to sue the mobile carriers over a ringback tone that can be heard solely by the caller. The music industry, suffering from major financial losses, seems to be grasping at straws in order to collect any money that they possibly can.

It does not seem that the idea of lowering the cost of CDs and DVDs has occurred to the record companies. There are still a large number of music lovers out there who would rather collect and own the media, but with prices constantly rising, downloading music for free seems more and more tempting. CDs are generally priced at seventeen dollars.

A few bands have bypassed the issue of free music downloads through creative tactics. Radiohead, an alternative rock band, built a website where fans can obtain the mp3s for free, or for a donation. Nine Inch Nails' Trent Reznor made a similar site. The music industry's unsuccessful lawsuits and declining public image leads one to believe that thinking outside of the box and lower pricing may be more effective than bullying money out of mobile carriers and individual users. - 29970

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