November 7, 2006
U.S. Copyright Register: Ringtones Covered by Existing Licensing
Wired Blogs' Listening Post reports on The Copyright Register's recent decision that ringtones do not constitute derivative works, and as such are covered by Section 115 -- a statute originally written to create a market for the distribution of piano rolls in 1909. And interviews Jessica Litman, professor at the University of Michigan (and author of Digital Copyright) to put this into context.
"One main function of the statute is to allow anyone to record a cover version of any song as long as they pay a standard fee per copy (currently $0.091). This same license now applies to ringtones as well.
... The decision is part of an ongoing battle between the RIAA (record labels) and industry songwriters/publishers. The RIAA wanted to be able to distribute ringtones without securing new licenses from songwriters, who technically own the composition. Songwriters wanted to negotiate a new rate for ringtones. The Copyright Register decided in favor of the RIAA, for the most part, although Litman thinks songwriters could appeal this. ... From a consumer standpoint, not much will change."
Picture left from Jeffrey Benedict's original MP3 ringtones
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