Online Issues and Reports

Aside from off line mechanicals, the protection of rightsholders' interests in the field of mechanical rights entails cooperation between members in studies of online exploitation. In this context, when performing rights are also involved, BIEM works in collaboration with CISAC through joint working groups.

This has been the case for :

The study on the Licensing of Podcast in 2021
The analysis of Background Music Services in 2020

Download the relevant report

Report from the BIEM/CISAC Podcast Working Group - March 2021 (463.03 KB)

Report from the B2B music services working group - Oct 2020 (328.82 KB)

Legal Aspects

Opinion on Platform Liability at the European Level - June 2016

Report from Kerstin Baecker (Lausen Rechtanwalte) - June 2016 (450.18 KB)

Assessment of Non-Disclosure clauses in Licensing Agreements - June 2012

Report from Hugues Calvet (Bredinprat) - June 2012 (48.73 KB)

Ringtones' Standard FAQ list

The list of questions/answers is proposed as a reference to allow each society to set up its own FAQs list. As a consequence any questions dealing with licensing conditions should be adapted by each to reflect its own licensing conditions

A RT is an extract from a musical work which can be played through a mobile telephone and which serves as a calling signal.

Mono or polyphonic ringtones are control files enabling the mobile phone to play the respective extracts

”Realtones” are existing musical works that were converted into an audio format (e.g. MP3, Wma, WAV, etc.) by means of digitisation which can be played on mobile telephones.

Alternative definition:

A RT is a data file reproducing exclusively a Musical Work, the primary purpose of which is to notify the User of an incoming call or message on his handset.

Another alternative definition:

Realtones (also known as RingTunes, Truetones or Mastertones) are fixation of the performance of the Musical Work in a digital audio format (e.g. MP3, AAC, WMA, WAV, etc.) which can be rendered on mobile phones.

The Licensee - the services for mobile communication- offers a choice of musical works in the form of ringtones to users of mobile telephones (hereinafter referred to as “End User”), via data networks. The ringtone melodies are first delivered and then stored onto the mobile telephone of the End User for his or her private use via the mobile operator network, the internet or any other such technical device. Transmission to the mobile telephone shall take place either by SMS (short message service), EMS (Enhanced Message service); MMS (Multimedia Message Service), WAP, GPRS or another similar type of protocol.

Rights involved are

1) the public performing right for the fact that ring tones (which contain a part of a melody line of a musical work owned by the composer/author or music publisher and often administered on their behalf by their collecting society) are made available to the public and

2) the mechanical reproduction right for the fact that musical works are first uploaded in digital form on the server with electronic means and then reproduced/stored on the user’s mobile phone

In case of Real tones[1], the right of making available the sound recording is also involved. This right is generally owned by the record producer by whom a separate licence must be obtained.

If the musical work is modified, such changes can touch the moral right, according to the circumstances. The moral right is not exercised by the collecting societies, is only exercised by natural persons who create or composed the musical Works at stake.

The tariff is xx% of the consumer price (VAT excluded) with a minimum fee of € xxx per ring tone ordered. However, in case the site owner has no revenues at all from ring tones distribution or ring tones distributed without any consideration, the site owner has to pay a minimum fee of €xxx covering the rights he has been granted

Rights still have to be paid. In some cases it may be necessary to gain prior approval from composers/authors for promotional uses in which case a minimum fee is agreed. Otherwise the minimum fees of xx will apply.

Is the duration of the ring tone a factor relevant to the tariff?

As long as the extract is no longer than 30 seconds the ringtone tariffs stated above apply. If the duration is longer than 30 seconds alternative licensing is required.

Do I need to provide the licensing society with information regarding ordered ring tones?

Yes, you are obliged to provide the society with information on a regular basis in accordance with the terms of your licence. Such information should include in the case of each ring tone the title of the work, the names of composers, authors, performing artist(s), if available the ISRC and ISWC Code, date of ordering, duration of ring tone; the number of each ring tone ordered, price per ring tone ordered and your total income from ring tones during the relevant period.

The record company of the real tones I offer, states that he has already concluded a license for the musical works.

The only organisations or individuals with the authority to grant licences for the use of musical works in ring tones (public performance and mechanical reproduction) are collecting societies on behalf of their members.

The collecting societies only deal with ringtones content providers and not Labels as such.

No, the contracting party is therefore not entitled to grant the authorisation to any third party.

The licence is being granted on an agreement basis, it covers all represented repertoire.