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Music industry to tax downloaders

£30 'licence fee' set to revolutionise illegal file-sharing

By Nigel Morris, Home Affairs Correspondent
Thursday, 24 July 2008

Internet users could face an annual charge of up to £30 to download music, under plans to be unveiled today that aim to tackle illegal file-sharing.

Ministers are backing proposals that would enable millions of broadband users to pay an annual levy which would allow them to copy as much – previously illegal – music from the internet as they wanted. The money raised would be channelled back to the rights-holders, with artists responsible for the most popular songs receiving a bigger slice of the cash.

John Hutton, the Business Secretary, and Andy Burnham, the Culture Secretary, will unveil a package of proposals, beginning with thousands of prolific downloaders receiving letters warning them they are breaking the law by copying music and sending it to friends. The Government sees that move as the last chance for internet service providers (ISPs) to get a grip on the growing problem of piracy.

In the longer term, Mr Burnham is supporting calls from sections of the music industry for a yearly levy of £20 to £30 to be imposed by ISPs on customers who want to share music.

They believe it would prevent criminalising large sections of the public, while helping to compensate the music industry for lost sales. If successful it could be extended to cover films and television programmes.

An estimated 6.5 million broadband users unlawfully download files every year, which the industry warns has resulted in a slump in CD and DVD sales. About 95 per cent of music downloads from the internet are thought to be illegal.

Peter Jenner, a veteran music industry figure who now manages the singer Billy Bragg, who has championed the plan for an annual charge, said last night that the idea was attracting growing support.

He said the cash raised by including the top-up in the fees paid to ISPs could match the current £1.2bn turnover of the British record industry. Mr Jenner said: "If you get enough people paying a small enough amount of money you can turn around the wheels of the music industry."

Ministers believe strong action is required to get a grip on internet piracy, although they strongly support ISPs and the industry working together to tackle the problem rather than the Government forcing through legislation. ISPs and the music industry will announce today that 12,000 letters will be sent over the summer to repeat downloaders warning them they are breaking the law. They hope the shock tactics will deter internet users from illegal file-sharing.

The Government will also announce consultation on other ways of combating internet piracy, with a view to final decisions later in the year after studying the impact of the warning letters. Legislation could be in place by next spring.

As well as an annual levy set by ISPs, the Government will also float the idea of a "three strikes and you're out" policy adopted in France under which people who illicitly download or share music are disconnected after ignoring two warnings.

Other alternatives include requiring ISPs to disclose the identities of regular downloaders, a move they warn would be costly and could breach data protection controls. They could also be ordered to install filters that would prevent downloading.

Ministers accept there are considerable practical problems in controlling online activity and are wary of imposing expensive regulations on internet providers. But they say the scale of the problem, and its impact on Britain's creative industries, means doing nothing is not an option.

A Whitehall source said: "Both ISPs and the music industry need to take responsibility for this issue. But we need action as the industry is suffering."

A memorandum of understanding has been signed by the BPI, which represents hundreds of record companies, and the six largest internet providers. It commits them to work together to achieve a "significant reduction" in illegal file-sharing.

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Comments

107 Comments

I'd like to know is, if my ISP cut my service for downloading, do i still have to pay them for my subscription? And if i don't then why would they stop me?

Posted by kinglozzzz | 29.07.08, 17:42 GMT

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This would stop the majority of the problem, but nothing will ever stop it from happening %100. If the ISP's were able to charge their customer's for transfering large pirated files, then it's definetely a way forward for the downloader's and the music industry.

Posted by unknown.nirk | 28.07.08, 16:07 GMT

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It's funny how a majority of the money that are made from album and single sales are going to the record company. The way bands make their money is by touring, merchandise and selling rights of songs to TV and advertisement. The only reason this is still in the news is because the fat cats are throwing their toys out of the pram. They are sill making money. Why doesn't every band do what Radiohead did? "pay what you want" download service for the new album. How come they haven't flopped or gone bust? Because people will still buy the back catalogue of albums, DVD's and go see them live. If people really like a band, a majority will buy the album. I've got several thousand albums on my PC and a majority of which I won't listen to again because they're rubbish. The record comapnies aren't losing money because I wouldn't buy all those albums and i'm sure alot of people would do the same. If I really like an album I will purchase it.

Posted by Matt | 28.07.08, 09:11 GMT

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And Yahoo's music store server will close down in December, forcing people to either save to CDs, or lose the music that legally downloaded.

This is greed, stupid, reactionary, and the thin end of a wedge that would see my 8-year old daughter charged for sharing hints and tips on her Cooking Mama 2 game for her Nintendo DS.

Music companies are no longer necessary to the process of people discovering and sharing and buying music from artists. Technology has made them largely superfluous - so they turn to their laywers to sue anyone that moves, and in their desperate and reactionary battle for survival they manage to sucker in ISPs and Government.

They have largely become unnecessary intermediaries. Like dinosaurs, they must evolve, or die. I would prefer the latter, and would be happy pay £30 a year if I could be sure I'd be UNABLE TO HEAR most of the pap they produce.

Britain's creative industries need to get creative, because Digital Rights management is dead

Posted by David Petherick | 25.07.08, 17:19 GMT

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ps.... remember "home taping is killing music"....... It never happened in the 80's and it won't happen now... It's just company exec's and shareholders I might feel a bit financially wounded..... But hey, F*@K 'em.......... Money over art, I know where I stand...

Posted by H | 25.07.08, 10:54 GMT

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Oh, boo hoo. Simon Cowell can't buy himself a new Maybach this year; my heart bleeds...

I download. On average I see 30 odd bands a months, I buy tickets for gigs and I buy music from gigs. Downloading enables me to keep up with what's going on. Allows me to acquire and share rare gems that would be simply impossible to purchase anywhere. It allows me to sample albums before I buy them.

Virtually everything I listen to is on some form of small independent label and I get the impression that with this legislation in place, once again it will be the "small business" that suffers at the hands of the big corporations... I for one will not pay £30 a year if the lions share of that will be going to Simon Cowell and his pap producing cronies, the men making a fortune from cutting the cultural throat of Britain....

Keep music independent and keep "business" men out of it

Posted by H | 25.07.08, 10:50 GMT

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Under net neutrality, the ISPs should not even know what files are being downloaded or uploaded by their clientèle. Meanwhile, the UK government feels it can just tax all internet users even without proving they actually shared copyrighted music first? What about uncopyrighted music? How will they make the distinction without invading more privacy than they already have with their ubiquitous security cameras?

I also don't understand why that government is more interested in serving its music industry than, say, its constituents; unless they were to admit that corporate interests were more important than human lives.

Posted by Eric Draves | 25.07.08, 01:27 GMT

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Is the proposal correctly worded and vetted by a professional legal arse or could I get away with offering them 30 lbs of irony?

Posted by Syd Barrett | 25.07.08, 00:22 GMT

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"The money raised would be channelled back to the rights-holders, with artists responsible for the most popular songs receiving a bigger slice of the cash. "

Yes, this would be the same stupid system that forces us (I work in a second hand record shop) to pay an annual fee for the right to play music in the shop. I absolutely guarantee you that not one single penny of the fee we pay gets to the artists whose recordings we play, but as long as the big record companies & their current pet top twenty artists get a cut, who cares, eh?

Posted by D. Brzeski | 24.07.08, 23:38 GMT

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'Legal downloads' has to date been an oxymoron - it's just a case of which side is doing the ripping-off.

Stupidly I bought a Sony NW player with it's crap proprietary format, and tried to do the right thing - pay for music legally from their online store.

What happens? They decide to close the store, my computer dies before I can get my hands on a CD writer to preserve my purchases, and Sony, having closed the store, isn't offering any re-downloads. I lose seven albums that I paid for.

Yes, I know I deserve everything I get for even touching Sony with a bargepole, but I shall only listen to the music industry when they offer downloads not hamstrung by all sorts of DRM, playback limitations, etc.

Posted by Matt | 24.07.08, 21:06 GMT

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