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Online Music Royalty Talks Break Down

Negotiations between music copyright holders and online music services have broken down over the issue of how much to pay copyright holders for subscription-based services.

Talks between the Digital Media Association (DMA), who is negotiating on behalf of companies that offer subscription services such as Napster and RealNetworks, and the National Music Publishers' Association (NMPA) together with the American Society of Composers, Authors and Publishers (ASCAP) broke off Wednesday, sources close to the negotiations told The Mac Observer.

David Israelite, NMPA's president and chief executive, sent a letter Thursday to the DMA accusing it of "bad faith" in its negotiations. DMA executive director Jonathan Potter fired back that it was the NMPA that wasn't negotiating in a fair manner and said the associations representatives walked out of its last meeting.

At issue is a fair revenue for music artists from streamed online music sales, but sources said neither side is yet willing to budge from their offers. DMA is offering 6.9% of revenue for subscription services, while NMPA and ASCAP are looking for 14%.

"The next step is to find a compromise," an executive very familiar with the negotiations told TMO. "But this week neither side was willing to be first and offer a middle ground. Both sides continue to explain why they deserve their original offers."

The source, who asked not to be identified, said the DMA believes any more than a 6.9% revenue will cut deep into the already small revenue stream of online music services and will see a rise in pricing for consumers.

The NMPA and ASCAP have reportedly told the DMA that prices for online music downloads and subscription services are too low and that they deserve a bigger piece of revenue. "If pricing has to go up for them to make more money, they appear to be saying, 'so be it'," the source said.

The negotiations are focused exclusively on subscription music services that offer unlimited listening for a flat monthly fee. A royalty agreement for paid downloads of individual cuts -- like those from the iTunes Music Store (iTMS) -- have already been worked out. But experts agree that if copyright holders can squeeze out more than 8% revenue from subscription services, it will be tough for companies like Apple to stop revenue rates from going up on individual music downloads when it's time to negotiate again.

"Single downloads and subscription services are going to have very much the same revenue numbers," the source said. "If one goes up, the other will when it's time to re-negotiate."

When asked if higher rates will probably mean an increase in the price consumers pay for both services like Napster and iTMS, the source said, "If artists and copyright holders have their way, prices will go up. They feel the market will not suffer and consumers can afford it."

At present, most services, including iTMS sell individual music tracks at US$0.99 each.

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Biff said:

member since 08 Apr 2004 with 1479 posts, unranked, send him a message or view his profile

"The source, who asked not to be identified, said the DMA believes any more than a 6.9% revenue will cut deep into the already small revenue stream of online music services and will see a rise in pricing for consumers."

Ding! Like the publishers care about their artists. We all know that they want the online prices to go up. Obviously thats their goal. Who do they think they are fooling?

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A guest said: (hide)

Ding dong.

Hello artists. You don't need middleman negotiators. Get together yourselves, market your music directly to the online vendors, get a bigger piece of the pie by cutting out those useless leeches that claim to represent you, AND keep prices low for the fans that buy or subscribe to your music.

The only losers here are those that make their living milking both you and the end customer for cash.

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A guest said: (hide)

Quote: <i>"If artists and copyright holders have their way, prices will go up. They feel the market will not suffer and consumers can afford it."</i>

This sounds like the arguement a child uses when they want something.... To which I would have to rhetort: When will they realize we're not made of money?!

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A guest said: (hide)

Raise the prices and people will go back to downloading online without paying if you know what I mean.

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Mikuro said:

member since 15 Jun 2002 with 457 posts, unranked, send him a message or view his profile

For now it doesn't really affect Apple. But it's only a matter of time until Apple needs to cross the magical $1 line, and that's going to drive away a LOT of customers. Personally, I think even iTunes' current pricing is too high (it's only a little cheaper than buying a CD, if even).

I think the industry is going to need to move away from the middlemen fast. The iTMS and other similar stores are making it almost inevitable now. But the move is not going quickly at all.

On a childish note, I find the acronym "ASCAP" very amusing. From now on, I will stop using the word "asshat", and instead call people ascaps. (Which is not say I don't support ASCAP in this particular instance.)

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Rainy Day said:

member since 07 Jun 2005 with 607 posts, unranked, send him a message or view his profile

When it comes time for Apple to re-negotiate, it should be interesting. That might be when Apple decides to its time to deal with artists directly. Who knows?

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Biff said:

member since 08 Apr 2004 with 1479 posts, unranked, send him a message or view his profile

Well if huge money making artists stop renewing their contracts and start going right to Apple, then thats gonna piss off the labels. And then Apple will lose a significant portion of their song library when the labels pull out. And that will include all the previous songs by the artists since the labels would retain copyrights on them.

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A guest said: (hide)

Mikuro wrote:
For now it doesn't really affect Apple. But it's only a matter of time until Apple needs to cross the magical $1 line, and that's going to drive away a LOT of customers.

Drive them where? If Apple can't keep it unde $1, no one else will be able to, either.

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DrShakagee said:

member since 14 Jun 2001 with 941 posts, TMO Forum Mod, send him a message or view his profile

Anonymous wrote:
Mikuro wrote:
For now it doesn't really affect Apple. But it's only a matter of time until Apple needs to cross the magical $1 line, and that's going to drive away a LOT of customers.

Drive them where? If Apple can't keep it unde $1, no one else will be able to, either.

p2p file sharing will never go away and people will just flock back to it.

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A guest said: (hide)

Another inherent problem with subscription services that all the Windows zombies were too busy being lost in their own daydreams to notice.

I wonder if Reality Check etc. would till claim that the subscription services are about to crush the iTMS at any moment? Considering it's just as much a ridiculous claim now as it was the first time they said it, I'd wager yes.

Poor, poor Windows fanatics. When will life get easier for them?

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