License required for ringtones?

AdamDawes · Post by **AdamDawes** » 18/09/2003 - 19:00

I used to run a wap site that offered free downloads of original polyphonic ringtones for some of the newer phones (Nokia 3510, etc.). Well actually, I still do, but I removed nearly all of the content last year because it was pointed out to me that it was all being used without the proper licensing. As I was giving the tones away for free I had no way to pay royalties, etc.etc. so I took everything offline.

Having just returned from BIT Live I'm full of the joys of SID and was wondering where I stand with regards to making polyphonic ringtone versions of C64 music.

It'd all be for free, it's just for fun. I was hoping someone here would be able to let me know whether it's ok for me to do this or whether I need to get permission from the original composers or game copyright holders first?

My thanks in advance for any advice of help,

Post by **tas** » 18/09/2003 - 19:07

The problem actually lies with a governing body that controls mobile phone ringtones. I'm sure chris will explain it more.

Chris Abbott · Post by **Chris Abbott** » 18/09/2003 - 19:16

Adam, give me a ring about this. Phone number's on the website, but it's 0208-464-2295

Cheers

Chris

Tim Forsyth · Post by **Tim Forsyth** » 18/09/2003 - 19:39

I did a few ringtone back last year when the polyphonic handsets hit the market big time.

I kind of fancy getting back into it again. Especially the Series 40 Nokia phones that only allow you to have 4 channels at a time.

Sounds like a challenge to me!!!

Zeb · Post by **Zeb** » 19/09/2003 - 23:25

It's funny coz I had the same idea on the way back home from Brighton!

Zeb · Post by **Zeb** » 19/09/2003 - 23:27

Chris>> Basically, is it a yes or no? Just tried PM'ing Adam but was told they've been disabled!

Chris Abbott · Post by **Chris Abbott** » 19/09/2003 - 23:38

It's complicated. In theory, ringtones (including most C64 ones) have to be licenced through MCPS in the UK. In practice, there are sites giving away ringtones, and I have no plans to stop them or set MCPS on them.

I have to say, the same idea seems to have occurred to many people at once, but has also occurred to others...!

Chris

Matrix · Post by **Matrix** » 20/09/2003 - 0:24

Is this all because i had WarHawk SId as my Ringtone ? LMAO !!!

AdamDawes · Post by **AdamDawes** » 20/09/2003 - 9:20

Zeb wrote:Chris>> Basically, is it a yes or no? Just tried PM'ing Adam but was told they've been disabled!

Zeb (and Tim), if this is something you'd be interested in doing as a joint venture then please let me know -- you can get my email address from my web site.

I already have a WAP site running and operational, which gets hundreds of hits a week despite having only a small number of classical music ringtones, and a mailing list of several hundred polyphonic ringtone fans, so hopefully we could get something set up and running fairly quickly...

CraigG · Post by **CraigG** » 20/09/2003 - 13:07

Having just bought a new phone (3510i) I have to say that I _hate_ polyphonic ring tones. They don't stand out in the crowd, and if your phone's in your pocket, the ring tone can be mistaken for the muffled music coming from a walkman. Also, it's a pain that you can't program your own (an obvious limitation once the companies realised how much money was to be made from downloading the things).

I miss my old ringtone (Uridium) not because it was a great tune for the phone, but because I never heard anyone else with it, and didn't have the problem of leaping for my phone just in case it was mine that was ringing... Oh well.

Zeb · Post by **Zeb** » 20/09/2003 - 18:01

CraigG> Alas, they removed the composer so they could make extra cash - it sucks big time! On my 6520 I've got Captain Pugwash. I would put something else on my 3510i but again - no composer! Aaaargh!!!

grrr@nokia

Adam> I'm in the middle of leaving job and returning to my previous job due to wages (lack of) and broken promises

so when I get myself sorted I'll see how my life is heading

Lagerfeldt · Post by **Lagerfeldt** » 22/09/2003 - 13:58

Ringtones can be a very lucrative market. Ã‚Â£10.000 last year on one single song I co-wrote in ringtone royalties, so I can understand composers (me) or publishers are getting a little peeved when they are made available as roaylty free downloads (illegally). Obviously it's free for people making their own ringtones, anything else would be like putting a tax on people whistling in the street..

Makke · Post by **Makke** » 22/09/2003 - 15:10

What I dislike about the whole ringtone thing is that composers and record labels fail to see how it could be used as a mean of promotion.

Lagerfeldt · Post by **Lagerfeldt** » 22/09/2003 - 22:29

Now there's a bit of a generalization...

..that felt flat on its face!

Most serious record companies and/or rather publishers *do* cooperate with various operators to get their artists' ringtones out to the public.

However, there's money in it too, so of course they/we will reap that too in the process. Besides in most civilized countries there's some kind of government or government assigned agency to automatically collect royalties from ringtones, this is governed by law. So no chance of free ringtones even if the company wanted to. Which is good since composers would get ripped a lot more that way, I personally believe.

Makke · Post by **Makke** » 23/09/2003 - 6:34

Lagerfeldt wrote:..that felt flat on its face!

Most serious record companies and/or rather publishers *do* cooperate with various operators to get their artists' ringtones out to the public.

Uhm...no, it didn't fall flat on its face, in fact I'd like to say that you have no idea what you're talking about. I've worked for, and been in contact with several companies who sell ringtones in Sweden, and according to them most recordlabels are more willing to sue than work out a deal. Getting a deal can be hell! The record companies think there's more money in it than there really is, so they demand percentage that simply is unreasonable, and if you don't agree with their terms they sue your ass off.

So, in my experience, most "serious" (you may read that has The Big Fish) record companies want to sue you. For everything you're worth. All the time. But maybe that's what cooperation means to you?