A federal court on Wednesday established a formula for determining
the Internet royalties owed to thousands of music composers, writers,
and publishers by three major online services - Yahoo Inc., AOL,
and RealNetworks Inc. The American Society of Composers, Authors
and Publishers hailed the decision, estimating the guidelines could
yield as much as $100 million in payments covering a seven-year
period ending in 2009.
The trade group, known as ASCAP, had contended
that its 320,000 members weren't being properly compensated for
musical works that helped drive traffic and increase revenue for
Yahoo, Time Warner Inc.'s AOL, and RealNetworks. Wednesday's ruling,
issued by a federal judge in New York, doesn't affect the royalties
owed to record companies. A representative for the Digital Media
Association, a trade group representing the Internet services,
declined to comment on the ruling late Wednesday.
U.S. District Judge William Conner's 153-page
decision didn't specify the total amount owed to the ASCAP members,
but he provided an example on how the formula would apply to the
music royalties owed by AOL and Yahoo for 2006. Under the formula
endorsed by Conner, AOL owed 2006 fees of $5.95 million and Yahoo
owed $6.76 million. That's far more than AOL and Yahoo envisioned.
New York-based AOL had proposed paying just $632,879 in 2006 royalties
while Sunnyvale-based Yahoo had proposed paying $889,402 in 2006
licensing fees, according to court documents.
Conner's 2006 estimates were slightly less
than what ASCAP had sought from the Internet services. The group
wanted $7.83 million from AOL and $7.38 million from Yahoo to
cover the 2006 royalties, according to court documents.
Yahoo must pay royalties dating back to
2002 while AOL must cover fees going back to 2005. RealNetworks'
unpaid bill goes back to 2004. The amount for each year will vary
widely, depending on the amount of music streamed over their Internet
services and the usage of their sites.
The new formula will also be used to determine
the online royalties owed by all three companies 2007 through
2009.
"This historic decision, for the first
time, provides a clear framework for how the online use of musical
works should be appropriately valued," said John LoFrumento,
ASCAP's chief executive.
