Are pop song mobile phone tones legal

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A.� In a lot of cases, no, and this is the beginning of another rapid take-off of modern technology bringing a lucrative and illegal money-spinner into action.

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Q.� How does it work

A.� It's simple, as all the best moneymaking schemes are! Since the explosion in popularity for personalised mobile ring tones, a large number of companies have set up to provide ring tones copying pop hits which they will feed direct into subscribers' mobiles, or allow subscribers to download tones from the Internet, for transfer into mobile handsets.

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Q.� So what's the problem

A.� There are a number of difficulties with this scheme. First, and most important as far as individual musicians and composers are concerned, is the fact that there is no adequate policing of the system to ensure that appropriate royalties are paid when tones are sold.

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Q.� What's a 'royalty'

A.� A royalty is a payment made to the composer or performer of a piece of music whenever their work is recorded or performed. This is a means of ensuring that the creators of individual pieces of work are paid appropriately for their efforts. Every radio station has to pay royalties every time a piece of music is played�- the payments are split on pre-determined lines between composers, performers, record companies and so on. The entire system is overseen by an organisation called The Performing Rights Society.

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Q.� But mobile phone tones don't count

A.� They do�- but there is no method of ensuring that companies are paying appropriate royalties where applicable. The entire system is mired in a legal minefield where arguments about 'what constitutes a section of a song'�- currently calculated at 25 seconds, although some think it should be 10 seconds - are going on, and that argument looks set to run for some time.

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Q.� What can composers and artists do

A.� At the moment they are faced with the daunting task of discovering that their work is being used without their permission, then locating and suing the company concerned. Since there are currently 10,000 companies worldwide offering ringtones, the notion of suing each company each time is not a logical option, and so the trade continues.

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Q.� Surely this is a version of Napster all over again, and the consumer wins

A.� That's true�- some will argue that this is free enterprise, but the argument that has seen Napster shut down still exists.�No artist should have their work sold for profit without either the right to agreement in advance, or a share in the financial rewards of the use of their work. Unfortunately, whereas Napster was one very large, visible, and litigious target, the mobile tone companies are small, and er, mobile, often moving from place to place and not bothering with a forwarding address.

Q.� So this is the downside of the Internet revolution for musicians

A.� Not only for musicians,�customers are getting a raw deal as well. In some instances, customers pay up to �10 for a popular phone tone, only to find that in some cases, the tone they receive bears little or no resemblance to the tone they assumed they would receive. Obviously, a short step away from providing substandard tones is simply providing no tones at all, and some companies have started doing just that.

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Q.� What can anyone do

A.� Parents should check carefully that their children are not ringing companies who are targeting youngsters through advertising in teenage magazines, especially those without a proper contact address�- anyone using a Post Office Box Number should be investigated in advance. The golden rule is to go by personal recommendation, or use a known and reputable company�- ones displaying the Ringtone Alliance Company logo are a safer option.

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Q.� Is there a solution in sight �����������

A.� Not at the moment, although when ever someone attempts to make some fast free money out of the music industry, the music industry bites back quick and hard, so no doubt legal moves are in place to ensure that this particular nasty loophole is closed in the near future.

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Andy Hughes