Is your replication company paying royalties?

Over the last couple of years there have been whisperings in the CD and DVD industry of companies involved in the manufacture of optical discs not paying royalties due on the discs they produce. It is believed these manufacturers gain an unfair commercial advantage by being able to charge below market rates.

What are these royalties?
The technology and processes behind disc manufacture are very complex and many patents were taken out by those who had a part in the development - companies such as Philips, Sony, Mitsubishi and Samsung. Licences to use technology covered by these patents are granted to organisations wishing to manufacture discs, and a small payment - a royalty - is due to the patent holders for each disc made.

What happens if royalties aren't paid?
The patent holders will investigate and if a patent infringement is found they are entitled to recover their costs as well as any outstanding royalties owed.

Could this affect me?
If it is not possible to recover the costs from the manufacturing plant, the investigators could follow the chain back to whichever company placed the order to recover the royalties.

A high profile case has recently ended up in a German court. On 30th November 2006 it was found that one of the largest pressing houses in Europe had infringed certain patents in the MPEG-2 Patent Portfolio License. As a result they have been sentenced to "cease and desist its current DVD production and to pay damages to the patent owners for past DVD production". What this means for their customers we can't be sure, but it's a situation best avoided!

So, if you are having discs pressed in any volume, be sure that you are buying from a reputable source (all of our pressed media is manufactured by Sony - so you will all be OK!). If you are moving to a new supplier and find your costs are 'extremely competitive', just remember to keep the royalty issue in the back of your mind otherwise it may come back and bite you!


Further info:
> MPEG LA News Release 30-11-2006 (PDF, 21KB)

December 2006