BMI Collection Agencies Turn To Ring Tones To Collect Royalties
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.
Despite this unsuccessful attempt to collect on royalties, Broadcast Music Inc is now suing T-Mobile over ring back tones, claiming that the mobile carrier is selling them without licensing agreements. Unlike ring tones, which play out loud when someone calls a cellphone, ring back tones play specifically to the person calling. In other words, 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 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.
Some bands have been avoiding the issue of music downloading through different tactics. Radiohead, an alternative rock band, created a website where fans are allowed to download the music for free, or for a donation. Nine Inch Nails’ Trent Reznor has created a similar website. Keeping record companies’ unsuccessful lawsuits and declining public image in mind, it appears as though creative thinking and fair pricing may be more productive than bullying money out of mobile carriers and individual users.
Mallory McGuinness-Hickey works for debt collection agency Rapid Recovery Solution and writes free lance pieces on financial news.
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