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Finnish Taxi Drivers Must Pay Music Royalties

jonerik writes "According to this story from Ananova, Finland's Supreme Court has ruled that taxi drivers must pay royalty fees of about $20 annually if they play music in their car while a customer is in the backseat. According to the article, 'Lauri Luotonen, chairman of the Helsinki Taxi Drivers' Association, says the ruling is likely to force most drivers to keep their radios off.'" This includes if they play the radio, which ostensibly already pays such fees.

31 of 584 comments (clear)

  1. this crap makes me sick... by ethanms · · Score: 2, Insightful

    at least this isn't in america... but what is this world coming to? What's with all these fee's tacked on to everything?!!

    One thing I've noticed is that a "$35/mo" cell phone plan isn't even questioned when the bill arrives for $40.83... That's $5.83 in taxes and fees! 17% taxes/fees... plus you pay a sales tax on the phone in most states... and an income tax on the money you used to buy the phone...

    At least in Sweden when you pay the 90% income tax up front you know you're getting hosed.

  2. enforcement? by Jucius+Maximus · · Score: 5, Insightful

    How will the authorities know if the taxi driver had the radio turned on or off? Will they have a sting operation where an undercover officer hails a taxi, gets in, and then busts the the driver if they turn on the radio but haven't payed the fee?

    1. Re:enforcement? by ethanms · · Score: 5, Insightful

      tattlers built in and required to obtain a taxi license... chances are the companies would simply pay the $20/yr and then raise fares an unequal (most likely to their advantage) amount to offset it...

      Would you really notice an extra 25 cents average per fare? But if a cabbie gets 10-15 fares per day, and works 350 days/yr... over $900/yr =)

    2. Re:enforcement? by bje2 · · Score: 3, Insightful

      ah, no, you wouldn't notice the extra 25 cents a share...but you know who would lose that money??? the cabbie, out of his tips...let's say my normal fare is $6.25, and i throw him $8, for a roughly 25% tip...well, if my fare is now $6.50, i'm still throwing him the $8...yeah, the fare just increased 25 cents, but is that really gonna increase the overall amount you pay? probably not...it's just more of the money will go to the company, and the driver will make less tips...

      --

      "Facts are meaningless. You could use facts to prove anything that's even remotely true." - Homer Simpson
  3. Re:What if... by ethanms · · Score: 2, Insightful

    unless the song is public domain... yes... they would have to pay licensing fees to use the lyrics.

  4. Taxi Fare + Radio Fee by very · · Score: 2, Insightful

    Well then they can ask the passenger if they want to listen to the radio, then charge them a minimal fee for the royalty. As long as it is REPORTED.
    or add 1 cent/passenger.
    That shouldn't be too expensive.

    But IMHO, it's ridiculous to impose this ordinance.

  5. Re:what if? by Hanzie · · Score: 5, Insightful

    Depends on the copyright of the songs. If they were all public domain, no.

    Now, all the driver would have to do is prove it. Annually. With expensive lawyers.

    Yes, he would have to go to court to prove it, because the local RIAA clone would want to make it expensive to buck their system. To that end, they would benefit from spending several thousand to bring doubt into the mind of a jury that he really didn't stick to public domain music only.

    Then, after 'proving' him a liar, they'd hit him with punitive damages as hard as possible to keep all the other sheep in line.

    Things are getting bad, and they're only going to get worse. This crap will continue.

    --
    ********* sig: If you don't like the law, get filthy stinking rich, and buy a better one.
  6. It isn't already paid for? by vga_init · · Score: 5, Insightful
    While listening to the radio, the first thing you notice is the advertising. Advertising on the radio is really hefty (at least on the stations I listen to), and don't think the broadcasters aren't making a pretty penny off of it, a reasonable portion of which is being put towards paying royalties. Why? Because the broadcasters are playing the songs, so they're the one's who've got to pay the royalties.

    This makes me wonder how the taxi driver fits into this picture at all, economically speaking. Are the taxi drivers making money off of the radio? Do they charge people extra to listen to the radio? Do people frequent taxi services that play the radio more often than those who don't? Probably not, so why are they being forced to pay up? It just seems wrong.

    1. Re:It isn't already paid for? by A+coward+on+a+mouse · · Score: 1, Insightful

      You seem to be missing an important part of how cabbies make money, i.e., tipping. A cabbie who has the benefit of nice music may make a modest amount more than a cabbie who doesn't, by virtue of tips. A cabbie who asks you what station or genre of music you want to listen to may make even more.

      Did you just miss this, are you intentionally ignoring it because it doesn't support your position, or are you one of those jerks who always stiffs the poor sap who's driving the cab 16 hours a day to feed the family?

      --
      If you mod me down, I will become more powerful than you can possibly imagine.
  7. Re:For listening..... by Anonymous Coward · · Score: 5, Insightful

    Moderators, what the hell is so funny about that? This is in essence exactly what the Finnish Supreme Court decided, with the one provision that money is being made in the vicinity. There's no reason now the RIAA can't go after your office if you listen to the radio while you work, or hear the radio played by the coworker in the next cubicle.
    How the fuck did we get to a point where possibly the least important industry imaginable has such immense, outrageous, incomprehensible-to-our-ancestors influence and power?

  8. The reasoning behind it by geekee · · Score: 5, Insightful

    I believe they want to charge cab drivers because taxi services are businesses that make money. By playing the radio, you are "enhancing" the taxi ride experience, and the music industry thinks they should be compensated. I don't necessarily agree with this philosophy, so don't flame me please. Just thought I'd point out what the issue is really about.

    --
    Vote for Pedro
    1. Re:The reasoning behind it by interiot · · Score: 4, Insightful

      Other industries will soon start catching on. When customers get new Bose speakers, there will be a shrink-wrap license agreement that says they can't be used in a place of business or public setting, to do that, you'll need to buy the more expensive speakers. Also, people will have to start buying two different cost levels of bulbs (that don't differ at all in their construction or materials), one for the interior, and one for the exterior since that's a "public performance". Bulbs used on public monuments and skyscrapers will be at the very highest pricing tier.

    2. Re:The reasoning behind it by zurab · · Score: 5, Insightful

      I believe they want to charge cab drivers because taxi services are businesses that make money. By playing the radio, you are "enhancing" the taxi ride experience, and the music industry thinks they should be compensated.

      But the reasoning is obviously flawed. I mean I am not sure what Finnish definition of business is but, my understanding is everything could be described as a business:

      - Driving your clients to lunch - you'd better turn that radio off or you'd be enhancing your clients' experience without paying to support those needy artists.

      - Any commercial use of a vehicle equipped with a radio and/or stereo systems - they could go after each commercially registered vehicle and force owners to pay royalties to starving artists; after all, they can't enhance their drivers' experience while doing their evil commercial money-making business activities without at least sharing their revenue with those on the verge of dying of starvation who created wonderful pieces of art.

      - Radios, CD players, etc. at workplace - obvious one, you make money, you allow your employees to enhance their experience while at it, pay up!

      - God forbid you are self-employed - then you are the definition of business; they'll create separate licensing plan for this case. I mean come on, how can self-employed people sit and listen to music without paying extra? Those pirates!

      Seriously now, I believe this copyright crap has gone way overboard long ago. I believe the original intent of COPY-right was to grant content creator a right to be a monopoly for creating *copies* of his/her creation. As copyright law is interpreted today in most places, the creator of content does not have ANY rights to his/her creations, rather these rights are in the hands of distributors and promoters.

      As a further blow to the original intent of copy-right, it is not about copies anymore. There are no copies of any content created in a taxi cab. If taxi drivers were recording songs and giving the tapes to their customers those morons would have a point. If taxi drivers were actively selling the said content they would have a point. Radio signal is available to public, and it is meant to be heard by public whether on or off private property. If they have an issue with the radio signal as a medium they should not sell to and allow radio stations to transmit their content.

  9. But you aren't/won't by ArchieBunker · · Score: 2, Insightful

    Theres roughly a 0.00003% chance of me getting into a taxi in finland and the driver playing a cd of his own band. Get real. You have a better chance of winning the powerball lottery. This is nothing more than a socialist government wanting a cut of something.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  10. User of music in a business environment by rustman · · Score: 2, Insightful

    Anytime you use music (that you don't own the rights to) in a business environment, you have to pay. This includes if you play the radio in a retail store or other business, or if you have music on hold, etc.

    This is because it's considered a public performance.

    In the US, most businesses are using music services like Muzak, AEI (now part of DMX) or others which include the royalty fees as part of their service fees.

    Should cab drivers be allowed to show movies in their cabs? What about a bar? If you think they should be allowed to without paying any royalties, then why shouldn't I be allowed to open my own second run movie house with a video projector and lots of DVDs?

    1. Re:User of music in a business environment by Bronster · · Score: 5, Insightful

      Should cab drivers be allowed to show movies in their cabs?

      This isn't the same thing. The question should read 'should cab drivers be allowed to show commercial TV in their cabs' - complete with all the commercials which are already being used to pay the fucking royalties on whatever is shown in the 'non-ad' breaks.

      If each person in the cab had their own radio set it wouldn't be a public performance, but because they're listening to exactly the same material from a shared speaker it becomes public. This is definitely the sort of reasoning of someone who can afford to buy their own congressman. Any sane person would throw it straight out.

      The radio station has already paid the right for a public performance, and anyone who wants to listen to that performance (and suffer the ads) should be free to do so.

    2. Re:User of music in a business environment by stellar7 · · Score: 2, Insightful

      Should cab drivers be allowed to show movies in their cabs? What about a bar? If you think they should be allowed to without paying any royalties, then why shouldn't I be allowed to open my own second run movie house with a video projector and lots of DVDs?

      The difference is that they are talking about "free" radio. In reference to the movies, it would be the same as having a TV tuned to an over-the-air station that is playing a movie. Playing a DVD for them would, however, be viewed differently [legally].

    3. Re:User of music in a business environment by Anonymous Coward · · Score: 1, Insightful

      Movies aren't transmitted w/o limitation over the airwaves, unless you count broadcast TV. And yes, I think you should be able to watch broadcast TV in a cab too, if it is so outfitted.

      If they don't like people watching/listening for free, why are they transmitting in the first place!? These fees are already paid by the radio stations that play the music. You shouldn't expect the customers to pick up the slack so the RIAA can jack up it's bottom line.

  11. Aren't the royalties paid already? by erroneus · · Score: 4, Insightful

    When commercial radio plays, the radio station usually pays whatever fees are associated with the music they are playing. Those fees are often paid by the sponsors who also have their advertisements played on those same airwaves.

    The fees are already paid whether or not someone listens to it. This is double taxation... paying for something that has already been paid for. What kind of moronic nonsense is this?

  12. Re:This is a public performance by MadAnthony02 · · Score: 2, Insightful

    The problem with this logic is that there doesn't really seem to be any business advantage to playing the radio in a cab. In a resturant, one can argue that the muzak contributes to the ambiance of the resturant. It's unlikely that it does in a cab. Furthermore, as one generally picks a cab based on it's being available to be hailed, having good music gives no particular cabdriver any competitive advantage in attracting customers. Unlike a resturant, where you could argue the resturant makes money from customers who go to that resturant because they like the ambiance, including the muzak, it's unlikely it's possible to hail a particular cab b/c of the music, so the cabbie isn't making addititional profit from playing the music.

  13. Re:Wow by CommieOverlord · · Score: 5, Insightful

    I used to think it would be cool to live in Finland. I thought they were a mellow, friendly, low-key kinda country. They are hard asses. Check out this link about traffic some fines in Finland... HARDCORE. Looks like they base their fines on a percentage of your YEARLY income... doh!

    I seriously wish other countries would be equally harsh. It encourage people to actually drive responsibly. Perhaps it would the 50000 odd annual traffic deaths in th U.S.

  14. This Isn't RIAA Territory by zentec · · Score: 5, Insightful


    This logic already exists in the US, but it's not the territory of the RIAA, it's the territory of ASCAP/BMI.

    This is the toll-master of the music publishing business. Whenever a song by the artist formerly known as Prince (but now again known as Prince) has a song played, he gets a clink in the bank. If Tom Jones remakes another one of his songs (God please no), then Prince gets more money as his music is published through ASCAP/BMI.

    ASCAP/BMI assures that those who write music are paid for it when it is used, regardless who sings it. It's actually not a bad system because it assures that song writers like Burt Bacharach keep churning out music, and bad singers keep recording them.

    Where it goes horribly wrong is that the record companies themselves seem to be pretty much exempt from the ASCAP/BMI fees. ASCAP/BMI seems to concentrate on radio stations, the music-on-hold for businesses, bars, Muzak and now, Finish taxicabs.

    Now and again, when you walk into a dance club or bar, you'll see a yellow sticker proudly displayed with the letters ASCAP. It means that this bar owner actually paid his yearly fees.

  15. Re:This concept exists here in America too. by LX.onesizebigger · · Score: 4, Insightful

    Why is it that so many comments bring up either the fact that the radio already pays royalties, so it's insane to force the cabbies to pay double taxes OR the fact that other businesses already pay royalties for having a radio? Shouldn't the real focus of the discussion be the question why anybody has to pay royalties for something that has already been paid for by the radio stations? That legislation was bad to begin with, partly because of the slippery slope risks of it, which are becoming very apparent now. Unfortunately, $20/year is a low fee on a per-fare basis, so I'm afraid most drivers and/or taxi companies will pay up, but I'd rather they didn't, because it is going to end up as an extra cost for the passenger, and I really don't want to pay any money for bad music, which is the only kind of music played on the radio anyway (if they are even playing any music - the last time I turned that hideous thing they were just advertising bad music) to some nauseatingly terrorist organization like the Recording Industry Army of America or their local cells.

    --
    I for one welcome our new SCOviet Russian overlords to whom all our base are belong.
  16. Sing Happy Birthday all you want.... by malakai · · Score: 5, Insightful

    "As for the question whether an infringement has occurred when a private
    person uses the VTR to time-shift a program for a one-time noncommercial
    viewing, that question falls in the same category as the question
    whether infringement occurs when the waiters sing " Happy Birthday" at a
    patron's table, or when someone makes a photocopy of a New Yorker
    cartoon to put up on the refrigerator. What category is that? Questions
    that never need to be answered. If it did need to be answered, I
    believe the answer would be provided by the doctrine of de minimis non
    curat lex - the law does not concern itself with trifles - a doctrine
    that is of great importance to a proper understanding of the law of
    copyright."

    Pierre Leval, Nimmer Lecture: Fair Use Rescued, 44 UCLA L. Rev. 1449,
    1457 (1997).


    The law is not written in C. Unless you used the C to write a fuzzy logic processor and then used.... well never mind. It's not simply black and white. Remember that next time lament that all is lost.

    -malakai
  17. Re:How Poor Are these Guys? by Joey7F · · Score: 3, Insightful

    It is another way of destroying your rights. If they make it 20 dollars it isn't too bad. But after you get used to the 20 dollars which isn't right, but you feel is worth it not to fight the fight, maybe you will get used to 30, 40, 50, 100, 1000 dollars a year.

    Even if it were 1 Penni, I would say no.

    --Joey

  18. The ratchet effect by Gameboy70 · · Score: 3, Insightful

    Most cab drivers play the radio for their pleasure, not the passenger's. I can't remember the last time a driver asked me what I'd like to hear; and their tastes always differ from mine. So we already know that they aren't "adding value" to their facilities.

    Intellectual property is self-maximizing: if something can be charged for, it will be charged for; and property holders will always seek out more opportunities for extortion (e.g., Licensing 6).

    What the media cartels are trying to do here is look for every venue where licensing could conceivably apply, regardless of how absurd. Cafés, I'm sure, will be next (Starbucks already licenses the tracks on their playlists, then redistribute/resell them as compilations; other coffeehouses subscribe to satellite radio. The way I see it, every place of business that plays something other than Muzak will be charged for the privilege of advertising the cartel's content.

  19. Re:For listening..... by Anonymous Coward · · Score: 5, Insightful
    How the fuck did we get to a point where possibly the least important industry imaginable has such immense, outrageous, incomprehensible-to-our-ancestors influence and power?

    Honestly? Corrupt politicians bowing before their music and movie industry masters in some of the most influential states of the union (New York, California, basically all liberal strongholds). Before the mid-1990s none of this was really an issue. Then along came the Internet and the RIAA and MPAA became household words. Seriously, did ANYONE know what the RIAA was before attacks against Napster? Did you ever worry when you were sitting in your room in the 1980s with your friends dubbing tapes on your tape-to-tape high speed dubbing recorder that you were STEALING from the RIAA.. err, the artists? Did you ever fear that thugs would be breaking down your door and carting away all your stereo equipment, or that you'd be dragged into court and brought up on charges? Where DID we go wrong allowing them to grab too much power? Frankly we should be demanding our legislators abolish copyrights altogether. The industries that benefit most from it have shown they will use every underhanded legal tactic to fuck over the consumer using an artificially conceived notion of "intellectual property".

  20. Whats worse by Transcendent · · Score: 3, Insightful

    is if they start a royalty rate for all people present in the car during a car pool. Everytime you buy a CD, you must fill out a form stating how many friends you have and how often they drive with you while listening to music. ...RIAA is just getting out of hand... when is someone going to stop them??

  21. Re:What if... by deppe · · Score: 2, Insightful

    Good thing the only stuff I sing was written in the twenties, and most of it has "Traditional" listed as the author.

    It's a good day to have the blues.

  22. Re:This is a public performance by jgerman · · Score: 4, Insightful
    Yes, bars and restauraunts have to pay to have the sound on for certain events. I believe news and sports are exempt, but that may have changed since I first heard of this about two years ago, when my local bar began turning off the sound.


    It's a crock of shit in my opinion, and should be flagrantly ignored. Ever listened to the statement made at the end of an NFL game? It goes something like this Any re-broadcast, description or accounts of this event are prohibited without the express written consent of the NFL. Accounts? Descriptions? Every time I hear that I want to call the NFL commissioner and tell him to go fuck himself.


    This kind of crap is getting severely out of hand. It really makes me wonder what kind of souless retards we have working in management in these industries that think these things are a good idea.

    --
    I'm the big fish in the big pond bitch.
  23. Wow.... by WKSGene · · Score: 2, Insightful

    This is a topic that has already been beat to death, but I feel I must go on the record. (No pun intended).

    The RIAA and its memeber companies are fighting a battle they can not win. Bottom line. Their product is not worth paying for. People will (as the quoted person says) ride around in silence before they will be bullied into buying something that the majority of true artists in the world are willing to give away for free. I personally give'em less than 5 years and we will see airline style chapter 11s in the recording industry. Plenty of honest work out there entertaining the public for the employees so I say..."Hasta La Vista Baby"...
    (Ooops that is a quote...now the MPAA will get me.)