Before the
COPYRIGHT OFFICE
LIBRARY OF CONGRESS
Washington, D.C.

PETITION FOR RULEMAKING AND TO CONVENE THE COPYRIGHT ROYALTY BOARD (Amended)

Data revenue will soon exceed voice revenue to wireless carriers

There is an urgent need to address some issues of multi-media data usage over the United States’ and world’s wireless networks.  It is predicted by wireless industry analysts that data revenues will eventually exceed voice revenues to wireless carriers.  With that in mind, currently wireless carriers are promoting forms of data usage which include sms, (text messaging) and mms, (multi-media messaging).  This petition is focused on multi-media messaging as this is the form of data usage that entails usage of mobile content that may or may NOT be controlled by wireless carriers.

The industry has not addressed copyright issues as it applies to this new technology

With all due respect to the wireless industry, mms is very new.  Their attempts to regulate on behalf of our consumers’ privacy issues are noble.  However, the industry has failed to recognize some copyright issues as they may apply to this new technology.  The reason for that failure to recognize is due to non-existent copyright laws that deal with those issues.  Therefore, in the name of DataRevenue.org a currently forming non-profit professional association that will represent member mobile content producers, publishers and other rights holders independently of wireless carriers, this PETITION FOR RULEMAKING to address the issue of data revenue sharing is hereby submitted for the COPYRIGHT ROYALTY BOARD’s determinations.

Wireless carriers have the ability to track consumer usage

Currently, wireless carriers have the ability to track consumer usage of data and charge fees according to the amount of usage.  The fees charged vary amongst carriers, but basically, a per megabyte charge is a general guideline for multi-media usage.  Metadata is typically the identifier for data usage.  Metadata is typically a binary notation specific to that data that enables the independent tracking and storage of that data.  Therefore, it is established that the wireless industry already has the ability to do the above.

A per megabyte royalty should be established to compensate content producers and publishers

 (1) we move that the wireless industry be mandated to save that data in a secure manner and allow authorized 3^rd parties access to that data for purposes of auditing and data revenue sharing, (2) we move that a per megabyte royalty be established by the COPYRIGHT ROYALTY BOARD and administrated by a 3^rd party authorized on behalf of it’s members to audit, collect and distribute revenues due within the data revenue sharing agreement.

BACKGROUND

The growth potential of the music business has been dismal with the advent of the digital age.  The music industry’s failure to recognize the value of digital innovations early on has caused it’s own down fall.  Even with the salvaged opportunities of ringtones, ringbacks and other new mediums, the music business is still at the mercy of the wireless carriers and therefore can only hope for limited growth if any growth at all.

There is a new breed of producers and publishers that are creating mobile content optimized to go from a consumer directly to other consumers, (mobile2mobile).

Normally, a content provider or owner would not like their content to be shared from consumer to consumer.  It would seem that it would promote copyright infringement as the content was paid for by the originator and no one else that received it.

However, under the circumstances we present to you today, if a content provider, publisher or rights holder was to share in the data revenue generated by their content being sent from one place to another, that new breed of producers and publishers will have incentive and the growth potential of the music industry will also be restored.

The wireless industry already has the ability to do these things, including abundant resources.  Why should they be allowed to benefit from mobile content they do NOT own or control without sharing a fair share of the pie?

CONCLUSION (Amended)

For the foregoing reasons, DataRevenue.org respectfully requests that the Copyright Office commence a rulemaking pursuant to 17 USCS §§ 114(f)(1)(C), 114(f)(2)(C) and under the authorities granted in 17 USCS §§ 801 to address data revenue sharing for mobile content providers, publishers and other rights holders, due to wireless carriers charging customers for multi-media data usage and the false assumption that all mobile content providers will be an “on deck” provider with a carrier.  (1) we move that the wireless industry be mandated to save data in a secure manner and allow authorized 3^rd parties access to that data for purposes of auditing and data revenue sharing, (2) we move that a per megabyte royalty be established by the COPYRIGHT ROYALTY BOARD and administrated by a 3^rd party authorized on behalf of its members to audit, collect and distribute revenues due within the data revenue sharing agreement.

We strongly feel that in addressing these issues now instead of later, The Library of Congress and its’ Boards will be avoiding the pitfalls the music business has experienced thus far by moving too late.

We also strongly feel that in addressing these issues now instead of later, The Library of Congress and its’ Boards will be heralding in a new era of growth for content providers and publishers of all types.

NOTE:  A simultaneous filing has been submitted to the FCC as some issues such as mandating the secure storage and providing access to the data may be in the FCC’s realm.

RELATIVE LINKS
(Some links may have expired)

http://en.wikipedia.org/wiki/Multimedia_Messaging_Service

http://www.eweek.com/c/a/Mobile-and-Wireless/INSIDE-WIRELESS-CTIA-WIRELESSWireless-Data-is-Finally-Big-Business/

http://hbswk.hbs.edu/item/5791.html

http://www.hbs.edu/research/pdf/08-017.pdf

http://www.fiercemobilecontent.com/story/report-data-exceeds-30-of-revs-for-some-carriers/2008-05-19

http://www.fiercemobilecontent.com/story/how-much-higher-can-data-revenues-go/2008-05-13