Record Companies Are Now Suing Mobile Carriers For Royalties

By Mallory Megan

It appears as though the music industry has found a new strategy to cash in on royalties. As music lovers are well aware, at first these companies tried to sue individual users for illegally downloading music. But it is painfully clear that this approach to recover from major financial loss has destroyed their image in the public eye.

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.

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.

Music lovers are quick to point out the contradictory nature of this lawsuit. If ringtones that can be heard by anyone around a cellphone that is being called, do not equate to a public performance, it seems absurd to sue the mobile carriers over a ringback tone that can be heard only by the caller. Record companies seem to be grasping at straws as they suffer from huge financial losses.

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.

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.

About the Author: