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.
In lieu of lowering the price of albums in order to go up against the free music circulating through the internet, the music industry has turned to collection agencies who are now taking legal action against cellphone companies over royalties from ring tones. They claimed that ring tones counted as public performances so cell phone companies should be obligated to pay performance fees. The courts quickly renounced this claim.
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.
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.
In lieu of lowering the price of albums in order to go up against the free music circulating through the internet, the music industry has turned to collection agencies who are now taking legal action against cellphone companies over royalties from ring tones. They claimed that ring tones counted as public performances so cell phone companies should be obligated to pay performance fees. The courts quickly renounced this claim.
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.
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.
About the Author:
Mallory McGuinness-Hickey is employed by debt collection company Rapid Recovery Solution and writes free lance pieces on financial news.
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