BMI sues T-Mobile USA over ringbacks

Performing rights organization BMI has filed a copyright infringement lawsuit against T-Mobile USA, alleging the operator sold ringback tones without the necessary licensing agreements in place. According to a suit filed Dec. 19 with the U.S. Federal Court in the Central District of California, BMI--which collects and distributes licensing revenues on behalf of songwriters, composers and music publishers--contends T-Mobile USA has failed to sign the same ringback license as rival carriers: "Despite extensive BMI efforts spanning several years, T-Mobile has not signed a license agreement," the organization said in a statement to The Register. BMI adds the suit covers more than 50 titles from its repertoire, but declined to confirm specific tracks or composers.

The BMI suit follows on the heels of a 2009 ruling that ringtones played aloud in public do not constitute a true performance, rejecting copyright violation charges lodged by rival performance rights organization the American Society of Composers, Authors and Publishers. ASCAP filed suit against AT&T in June, alleging that each time a musical ringtone goes off in public, the mobile phone melody constitutes a performance and violates copyright law--in a ruling announced in October, U.S. District Judge Denise Cote declared that music played in public without a specific commercial purpose does not infringe copyright, adding that mobile operators retain no control over when ringtones are played by subscribers and earn no additional revenue during playback.

For more on the BMI/T-Mobile USA suit:
- read this Register article

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