Editor's note: This article was written Monday, before Apple made any announcements about changes to iTunes. You can read the story that followed the company's formal announcement at Macworld 2009 here.
Apple has cut deals that will finally enable iTunes to offer songs free of copy protection software from the three largest music labels, according to two sources close to the negotiations. In exchange, Apple has agreed to become more flexible on pricing, the sources said.
Under the terms of the deal, song prices will be broken down into three categories--older songs from the catalog, midline songs (newer songs that aren't big hits), and current hits--said one of the sources. Apple has offered songs free of digital rights management protections from EMI for more than a year. But EMI accounts for less than 10 percent of music sold in the U.S.; these new deals will expand iTunes' DRM-free library to include songs from the other three major labels (Sony BMG, Universal, and Warner Music).
Apple and the music labels have also apparently come to terms on over-the-air downloads, according to a source. That would allow iPhone owners to download songs to their mobile devices via cell networks and without the aid of Wi-Fi. Apple, which closed the deals last week, could announce the agreements as early as Tuesday at the Macworld Conference and Expo in San Francisco.
Apple did not respond to requests for comment.
DRM-free songs are something that many iTunes users have requested for some time. However, the celebration over their appearance at the country's largest music retailer may be overshadowed by increased prices on some hit songs, which might be seen by some as an Apple surrender on pricing. Apple fans have long applauded the company for holding the line on pricing despite loud complaints from the major music labels.
The good news is that the price of catalog music is falling to 79 cents per song. The labels will get an opportunity to price some hit songs for more than 99 cents but eventually those songs will drop to 79 cents, according to one source.
Before iTunes users get too worked up, they should remember that song prices at iTunes haven't increased in five years. According to the Consumer Price Index, a 99-cent song in 2002 would be worth $1.17 today.
Not only will new music downloads be free of copy-protection software, but Apple and the labels will begin removing DRM from music already available in the iTunes Store, the source said. However, it's unclear what will happen to songs that have already been purchased.
A year after iTunes began offering music without copy protection software from EMI, Apple is in discussions with the other three top recording companies about acquiring DRM-free songs, according to two music industry sources.
The talks are still preliminary and no deals have been finalized, but one source said one of the major labels is close to a final agreement. Rumors have been swirling on the Internet for a week that Sony would soon be offering music without the controversial digital rights management software. My sources could not confirm this.
Spokespeople for Apple and the major labels declined to comment.
Should the deals get done, the songs offered by Apple's iTunes would no longer be restricted to playing on Apple devices, such as the iPhone or iPod. This has been one of the main criticisms of iTunes music for a long time. Apple says the music labels are the ones that force Apple to adopt DRM. Music insiders say Apple has long dragged its feet about getting unprotected music. Right now, Apple uses the proprietary DRM scheme, FairPlay, to lock down its music.
Talks with at least two of the labels have taken place on and off for several months, said the sources. They cautioned that there's no guarantee Apple and the labels can close the deals. But if iTunes is successful in acquiring the rights to sell unprotected music from Universal Music Group, Warner Music Group, and Sony BMG, the deal could help bolster iTunes' dominant position in digital music, as well as send competitors scrambling to find something new to differentiate themselves.
In the past year, the four top recording companies have been moving away from DRM--at least with other music services. In that time, companies such as Amazon, MySpace Music, and Napster have all begun selling open MP3s. MP3s are the format used to compress music files. Universal Music is expected to soon announce that the label is licensing MP3s to Microsoft for Zune. EMI and Warner already have DRM-free deals with Microsoft.
The marketing efforts of these Apple rivals have played up the idea that their music is unencumbered with DRM.
Also in the past year, technological shortcomings of copy-protection software have generated a lot of public scrutiny. As some iTunes competitors have exited the market, they have taken their DRM music with them.
This year, MSN, Yahoo, and Wal-Mart outraged some customers and consumer groups by announcing they would stop issuing keys for their DRM-protected songs. This meant the music would be prevented from being transferred to an owner's other devices.
Eventually, all three music services reversed their decisions, but it convinced DRM critics that DRM software never truly surrenders control of music to a buyer. While it's inconceivable to think that Apple would ever stop issuing DRM keys, it's absolutely possible.
CNET News reporter Ina Fried contributed to this report.
See also:
• Wal-Mart to carry iPhone after holidays?
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