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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.

Instead of lowering the cost of CDs in order to compete with music circulating through the internet that is for free, these businesses have turned to collection agencies who are now bringing cellphone companies to court over royalties from ring tones. Contesting that ring tones counted as public performances, the music industry asserted that cell phone companies should be obligated to pay performance fees. The courts quickly denied 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 lowering the cost of CDs and DVDs is an idea that has occurred to the major companies. There are still a number of music fans out there that prefer to collect and own the media, however with prices constantly spiking, downloading music for free seems very tempting. CDs generally go on sale for about 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.

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