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August 20, 2007 11:49 AM PDT

Forget pop music, it's all about ringtones

by Greg Sandoval

Anytime Rick Carnes is out and hears a song played as someone's ringtone, well, it's like music to his ears.

Carnes, a songwriter for nearly three decades, laughs when he considers that his work is more valuable as a ringtone--just a few seconds of his music--than a full version of one of his songs downloaded from the Web.

Rick Carnes

Rick Carnes, in an undated photo

"Where's the logic in that?" asks Carnes, president of the Songwriters Guild of America.

Until last October, music publishers were able to pocket 10 percent of the retail price for a song, according to Steve Gordon, a copyright attorney. This meant that for a $2.99 ringtone, the publisher could make 30 cents and typically split half with the songwriter.

But the labels are now threatening to choke off that extra income. Record companies claim songwriters and music publishers charge too much and want prices restricted to a rate of 9.1 cents per song.

The labels argue that they are entitled to the extra money because music publishers pay nothing of the large upfront costs associated with producing master recordings, according to Gordon.

Carnes, 57, who has written songs for Alabama, Reba McEntire and Dean Martin, said that all the songwriters want is to be allowed to negotiate the price of their music.

Last October, the labels were able to convince the Register of Copyright to restrict publishers to the same 9.1 cents they make on a "compulsory license."

A compulsory license mandates that once a song is recorded and distributed to the public, anyone else can record that song if they agree to pay the publisher 9.1 cents (4.5 cents goes to the songwriter) for every recording they sell. This means, according to Carnes, that songwriters are prevented from seeking the best price for their work like everybody else in a free-market society.

"This shows you how we really don't have a free market," Carnes said. "Why would the government impose an artificial rate? Well, the record labels are just running roughshod over us."

Music publishers are appealing the decision of the Copyright Office and are gearing up for a big legal battle in coming months. If this sounds like a lot of people getting worked up over pennies, consider the story that Merv Griffin used to tell.

The crooner, talk-show host, game-show creator and billionaire businessman who died last week at the age of 82, once found a check for a large sum on his desk and couldn't figure out how he had earned it. According to a story in Rolling Stone magazine, Merv couldn't figure out why someone was paying him huge royalties for the song he penned for his show "Jeopardy."

The ditty had become a top-selling ringtone.

Greg Sandoval covers media and digital entertainment for CNET News. He is a former reporter for The Washington Post and the Los Angeles Times. E-mail Greg, or follow him on Twitter at http://twitter.com/sandoCNET.
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Add a Comment (Log in or register) (10 Comments)
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Record Labels
by R. U. Sirius August 20, 2007 12:39 PM PDT
So now they want to control ringtones too. Sweet. Next the RIAA will be suing songwriters for violating copyright. ;-)
Reply to this comment
Loony Toons
by timcoyote August 20, 2007 12:53 PM PDT
..it is all about ringtones...Last night my teenager did a "SQUEEEEEE" when she discovered she could have the Loony Toons Theme Ring tones on her phone, it was like xmas all over again.
Reply to this comment
The Labels are the pirates..!!!
by imacpwr August 20, 2007 2:32 PM PDT
I'm sick and tired of the BS propaganda machine from the RIAA
telling us that music pirating is stealing when in reality it's the RIAA
and the Labels who are the REAL PIRATES in all this greed...!!!
Reply to this comment
My fart ringtone
by gwhitham August 20, 2007 2:38 PM PDT
hmmmm I should copyright and published one of my many great sounding and ingeniously created farts. Maybe someone will pirate it.
Reply to this comment
Please Stop!
by rhett121 August 20, 2007 8:22 PM PDT
Please STOP buying music from the major record labels! Until they
get the message that we won't stand for it, they'll keep screwing
everyone they can for a buck.
Reply to this comment
I hate ringtones...
by gsmiller88 August 21, 2007 5:20 AM PDT
Not only are they one major rip off but they're hella annoying. I
hate to be in public and hear someones phone ring, only to hear a
song play.
Reply to this comment
Thank God for third party apps!
by inachu August 21, 2007 5:20 AM PDT
Third party apps let me use ringtones on my phone without having to purchase new ones.

Your'e nuts to thhink it is mandatory to buy ringtones if you want new ones on your phone.

IT IS ALL FREE!!!!!
Reply to this comment
by modjo345 December 20, 2008 10:17 AM PST
I agree, Ive been using a really cool third party app to make my own custom ringtones. It doesn't cost anything and its easy to use. I just don't get why people still pay for their ringtones You can check it out yourself. www.bongotones.com
by rowell65 June 25, 2008 6:41 AM PDT
I listened the latest Britney Spears?s song! It?s fantastic!!! Listen it!
I think it?s cool! ^^ It?s fantastic!!! Listen
Reply to this comment
by xherry December 30, 2008 7:31 AM PST
I like having funny and interesting ringtones - they add me more individual touch. Recently found a lot of nice free ringtones at http://rardir.com/?q=mobile+ringtones+download.
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