Internet Royalty Deal A Snap Compared To Ringtones…

Wednesday, July, 8, 2009 by Mel Phillips.

The Internet Royalty Agreement reached between music copyright holders and Online-radio companies is a deal that was agonizingly hammered out between both sides that results in a per-song payment for all music streamed over the next 10 years.  As hard as that agreement was to finally reach, it was done by collective bargaining.  That will not be the case regarding ringtones…

Whether or not ringtones are considered a public performance, or if ruled so, what the rates will be, no deal will be reached by collective bargaining.  A New York federal judge after hearing both sides of the argument, will then make a ruling.  As ridiculous as you and I might think paying ringtone royalties is, both sides believe they have a convincing case…

The American Society of Composers, Authors and Publishers (ASCAP) argues that the ringtone is being “transmitted” by the cell phone carrier (AT&T) when downloaded, making it a public performance.  “When a ringtone plays to signal an incoming call, it is obviously a performance.”  AT&T says not so fast, we already pay royalties to record companies to allow its customers to download the jingles, accusing the rights organization of double-dipping.  Much of this dispute will hinge on a 2007 opinion reached in U.S. v ASCAP which found that music downloads don’t count as public performances.  We better hope that this federal judge reaches the same conclusion or else we may be paying for anything resembling music coming out of our radios that might be heard by the “public”…     

10 Timeline Memories:

1. 1629] Pass the cranberry: The Massachusetts Bay Colony  celebrates what’s recognized as the 1st Thanksgiving. White meat or dark???
2. 1776] Declaring our independence: Militia officer John Nixon  gives the 1st public reading of the Declaration of Independence to a crowd gathered at Independence Square in Philadelphia…
3. 1889] WSJ sighting: The Wall Street Journal is published for the 1st time…
4. 1947] Ground breaking begins: For the building of the U.N. in Manhattan…
5. 1981] Confirmation Day: The Senate confirms Sandra Day O’Connor  as Supreme Court Justice…
6. 1985] Madonna Unplugged: Madonna poses nude in Playboy and Penthouse. Soon to be 10-year old A-Rod hides his under his bed…
7. 1986]  This is not kosher:  Kurt Waldheim is inaugurated as president of Austria despite controversy over his alleged ties to Nazi war crimes…
8. 1997] Fen-Phen, ‘Feh’: The Mayo Clinic and the government warn that the diet-drug “fen-phen” could cause serious heart and lung damage…
9. 2000] Beaned by a ‘Rocket’: Yankee pitcher Roger Clemens beans Met catcher Mike Piazza  which is a warm up for throwing a bat chard at Piazza in a 2000 World Series game…
10. 2006] “Happy Trails“: To June Allyson  who passes away from pulmonary respiratory failure at the age of 88…

       






Music Memories:

• 1971]  Number One on this date:  “It’s Too Late/I Feel The Earth Move” - Carole King…1979]  “Ring My Bell” - Anita Ward…1982]  “Don’t You Want Me” - Human League…

“Happy Birthday…happy birthday“:
Toby Keith (47), Kevin Bacon (50), Anjelica Huston (57), Wolfgang Puck (59), Jeffrey Tambor (64), Steve Lawrence (73) and Jerry Vale (76)…
 



Timeline Countdown:  6 days until MLB All-Star Game and 15 days until NFL training camps open…

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