One small step for Slim Shady, one giant leap for music artists everywhere ...

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Feb 4, 2006
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Or at least we hope so ...

Eminem’s Potentially Industry-Changing Digital Royalties Suit Goes to Trial


Eminem’s two-year-old lawsuit against Universal Music Group over digital music royalties finally entered a courtroom today, the Wrap reports. In a trial featuring star witnesses like UMG head Jimmy Iovine and Apple’s Steve Jobs, Slim Shady’s publishing company F.B.T. Productions is seeking more royalties from purchases made using digital music services like Jobs’ iTunes. Eminem is not expected to testify.

If the jury sides with F.B.T. Productions, this trial could serve as a landmark case that finds hundreds of millions of dollars in digital royalties being shifted from the already-struggling record companies to the pockets of the artists themselves. Eminem sued Universal over how much he felt he was entitled to after UMG sold his music to other services like iTunes and phone companies that sell ringtones.

“This is very significant case,” entertaiment lawyer Jay Cooper told the Wrap. “A lot of people are going to be watching very closely because there’s a lot of money involved.” At the heart of the case is whether digital downloads represent a distribution deal or a licensing agreement. If the jury feels that downloads fall under the umbrella of a distribution deal, thus agreeing with UMG’s take, the artist will continue to receive their usual royalties. However, if its considered a licensing deal, which usually finds the label and artist splitting the royalties 50/50, then Eminem and countless other artists may find their digital revenues more than doubling.

While Eminem’s publishing company is only seeking around $1.3 million in unpaid royalties, the repercussions of the trial might be felt throughout the industry. Interestingly enough, the main defendant in the F.B.T. Productions’ suit is Aftermath Records, Eminem’s own label under his UMG deal. Regardless of the outcome, we just hope this doesn’t delay the Slim Shady’s forthcoming album Relapse.

(article from RollingStone.com)

Actually I guess it's only a giant leap for artists who are actually signed to a label, but it will be interesting to see how this trial ends up playing out.
 
IMHO digital downloads should pay artists the same royalties as physical media (CDs, records, etc.). The bigger question is when these are streamed and not downloaded. Is streaming like listening to the radio, or is it a download?
 
But in Internet terms, aren't bands compensated each time a song plays? Radio over the air radio bands don't get paid, but radio stations pay a yearly license to the publishing unions (BMI, ASCAP, etc.). But streaming stations and satellite radio pays artists (writers AND performers) a fee for each song played? That's what I don't understand why OTA radio and other listening methods have different compensation mechanisms. :erk: