Consensus Rules

Authors: Ed Christman
Source: Billboard,
Page: 10,
Date: 10/11/2008
Month: October

Full Text:

After years of debate over many proposals, the U.S. Copyright Royalty Board (CRB) has made a decision on statutory and industry rates for physical product, permanent downloads, and master ringtones. The new royalties did not stray far from the existing rates. Permanent downloads and physical product rates remain at 9.1 cents/song. Ringtones have moved from a 10% of retail price to a rate of 24 cents/mastertone. Two new types of services that were ruled upon were interactive streaming and limited downloads (DRM-wrapped). Each were given a mechanical royalty rate at 10.5% of revenue. Despite the fact that these rates are far off from many of the rates proposed by the NMPA, DiMA, and RIAA, every group involved in the matter seems to be very pleased. These and other groups involved have issued statements regarding their content with the decision and the certainty it provides all sides. Even Apple, which stated that an increase in mechanical rates would shut down iTunes, said they were pleased. We are still waiting for President Bush to sign off on the Webcaster's Settlement Act of 2008. This allows webcasters, National Public Radio, and SoundExchange to continue negotiating a settlement for royalty rates.

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