DJ fined €1.4m for massive 'illegal' music cache

Ness Rowlah

Norwegian Wood
from the register
http://www.theregister.com/2005/02/17/dj_record_mp3_fine/

A "well known" Italian DJ has been ordered to cough up Europe's biggest fine ever for music downloading after being found in possession of and using thousands of illegally copied music files.

The DJ must pay a record €1.4m ($1.8m), the Italian financial police have ruled. He also faces criminal prosecution, law enforcement officials said.

The fine follows a raid mounted by Italian police earlier this week on a popular nightclub in Rieti, a town between Rome and Assisi. During the investigation, officers seized over 2,000 MP3 files and 500 music videos.
 

Rambler

Awanturnik
This DJ was touring clubs and making money out of the music he played - while those who had invested time, talent, hard work and money into creating the music in the first place did not get a cent

Yes, certainly the artists should get paid (or at least choose the free publicity for their music), but I like the intimation that DJing doesn't involve time, talent, hard work or money...
 
D

droid

Guest
I was reading about this yesterday and a thought occurred.

I dont think there is even ONE club/promoter/DJ on the planet that pays publishing fees for playing out tunes in a club. As a result they are blatantly flouting copyright laws (in the UK/Europe/US at least), and ripping artists off (for possibly millions) in income every year. How can the authorities justify arresting someone for one crime whilst turning a blind eye to another crime happening right in front of them?

Now this guy is obviously guilty of piracy, AND making money out of piracy, so fair enough, charge him with a misdemeanour or whatever, and give him the standard fine. But 1.4 mill??? - thats just another MP3 showtrial designed to scare the bejeesus out of anyone who downloads music...
 

hint

party record with a siren
droid said:
I was reading about this yesterday and a thought occurred.

I dont think there is even ONE club/promoter/DJ on the planet that pays publishing fees for playing out tunes in a club. As a result they are blatantly flouting copyright laws (in the UK/Europe/US at least), and ripping artists off (for possibly millions) in income every year. How can the authorities justify arresting someone for one crime whilst turning a blind eye to another crime happening right in front of them?

... because venues pay for an annual public performance license in order to have copyrighted works playing in their building, which is collected by the PRS and then redistributed to registered performers... the same as shops that have music playing, pubs which have a jukebox, karaoke bars, offices which have music being piped into their reception areas etc etc

DJs are officially hired by venues to provide the music - it is the venue which is held responsible for the publishing payment, as part of the conditions for being granted a license. no blind eyes or blatant flouting going on (unless venues are operating illegally, of course).
 
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Rambler

Awanturnik
Had a feeling that was the case. Thanks hint!

So, let's assume that the venues this DJ was playing in were legit (and the article doesn't say they weren't), and that they were paying their Italian-equivalent PRS fees as they should, then the quote above, from the director of the Italian RIAA (FIMI) is just a lie - the musicians were getting money.

OK, so musicians will have lost out on sales made to the DJ himself, but that's not how FIMI seem to be spinning the case.
 
D

droid

Guest
hint said:
... because venues pay for an annual public performance license in order to have copyrighted works playing in their building, which is collected by the PRS and then redistributed to registered performers... the same as shops that have music playing, pubs which have a jukebox, karaoke bars, offices which have music being piped into their reception areas etc etc

DJs are officially hired by venues to provide the music - it is the venue which is held responsible for the publishing payment, as part of the conditions for being granted a license. no blind eyes or blatant flouting going on (unless venues are operating illegally, of course).

Ah! OK :eek:

But tell me, how does the income get redistributed to the artists? When your tune gets played on the radio, IMRA or whoever looks at the playlist and allocates publishing fees based on how many tunes were played by a particular artist. If I go out tonight and play a tune in a club, who takes note of whats being played and ensures the cash goes to the right artist or label? How do foreign artists get paid when their records are played in clubs halfway around the world? Does this system really work?

Ive played in a lot of different venues over the years, but I have yet to see a guy with a clipboard and a calculator noting down the tunes... and I dont think (picks at random) Aphex Twin or Buju Banton ever got a pennys publishing out of my performances... (other than when I bought their records)
 

stevienixed

i suffer rock
Some Belgian MP3 blogs have been warned to take away links to illegal download sites. The bloggers immediately removed said links and some even hired a lawyer. It's wrong, but I don't think there's a law against linking to such sites.
 

hint

party record with a siren
It's very clumsy, but I think the organisations do what they can to make it as fair as it possibly can be, given the time and resources at their disposal.

so

- airplay on the radio gets logged - major stations submit full playlists, smaller stations submit "sample" playlists at select intervals... pirates are off the radar, of course... moves are being made to enforce a similar set-up on internet radio, but that's gonna be tricky because the laws will be different according to which country your server is based in (as I understand it).

- airplay on TV (as background music to alan titchmarsh's pansy hour, for example) also gets logged

for both of the above, if you are member of the PRS, you receive a breakdown of which tracks were played, when they were played, and where they were played (both UK and international). you then receive a set fee according to how long the track was played (broken up into 30 second segments, so 31 seconds of airtime is worth twice as much as 30 seconds of airtime).

all of the above is funded by the annual license fee that radio one, for example, pays to the PRS. it's a lump sum, paid into a "pot", which is then re-distributed by the PRS according to the playlist information they have received. in basic terms - the more airtime you have officially received, the more money you get. international broadcasting income takes about a year to come through. UK broadcasting income takes about 6 months.

for other areas of public performance, it all becomes much more vague. as I pointed out above, any public space that has music playing should have a license, which is bought from the PRS (or whoever). this money is then put in "the pot" and redistributed evenly to PRS members at certain intervals in the year.

so the result is - you make about £2.70 a year from karaoke, even if your music has been nowhere near a karaoke bar :D ... it's the same with jukeboxes... anything that involves the public and music, but would be a nightmare to fully account for through playlist submission is included under this blanket distribution system.

I've heard that they are starting to phase in playlist submission forms for club DJs now, so that any income from club licenses can be distributed in a similar way to the radio and TV income (i.e. more plays = more money). at present such a system is only in place for big events like festivals, where the PRS can pay someone to sit next to each stage all day and ask each performer (djs and bands alike) to fill in a setlist. it's open to abuse, of course - a lot of djs seem to play nothing but their own material (or their mates'), for example.

some people are expressing concern that such a scheme could mean that the big boys like sony might start bribing venues to book djs that play sony music, so that they receive more publishing revenue... but I don't share that kind of fatalism (though I can certainly accept that it's possible). we'll see...

aaaanyway - publishing.... it's a bit of a headache, but it can mean the difference between having a career in music and...er... not having a career in music. god bless lifestyle shows and top gear. :D
 
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hint

party record with a siren
no problem

I should add (for any music makers here, or people such as logan sama who might know artists that get airplay but don't understand publishing) that anyone can join the PRS. all you need to do is provide proof of 2 logged plays on radio (a printout of show tracklistings from the BBC website, for example) and pay about £100... this then gives you lifetime membership of the PRS and Musician's Union and ensures you will receive income from any logged public performance of your work in the future. membership of the M.U. also entitles you to a limited amount of free legal advice on industry issues.

the £100 should just about be covered by the 2 radio plays you will have had, so there's not a lot to lose really, especially since it's 4 life.
 
D

droid

Guest
hint said:
no problem

I should add (for any music makers here, or people such as logan sama who might know artists that get airplay but don't understand publishing) that anyone can join the PRS. all you need to do is provide proof of 2 logged plays on radio (a printout of show tracklistings from the BBC website, for example) and pay about £100... this then gives you lifetime membership of the PRS and Musician's Union and ensures you will receive income from any logged public performance of your work in the future. membership of the M.U. also entitles you to a limited amount of free legal advice on industry issues.

the £100 should just about be covered by the 2 radio plays you will have had, so there's not a lot to lose really, especially since it's 4 life.

Im a member of IMRA , the Irish Musicians Recording Association (or something) Hypothetically speaking, How would I go about getting publishing for tunes played in clubs, and on the radio outside Ireland or Europe? How much of the globe does PRS cover? or do its powers stop at the UK's borders?
 

xero

was minusone
I've heard that the DJ in question in Mauro Piccotto - I can't believe the mp3 files were all pirates, I mean someone that well-known would have plenty of access to free promos. If he is being prosecuted for the act of ripping from vinyl or cd to mp3 then the record industry has gone completely mad and the developers of things like final scratch are presumably seeing their whole business model evaporate in front of their eyes. Anyway, regardless of the provenance of their material, Djs - especially at that level - provide a service to the music industry by playing records in public thereby promoting said records. What a total farce :eek:
 

hint

party record with a siren
well, I can only speak from my own experience and tell you that I joined the PRS (£100-odd) and P@MRA (free) and I have received money from plays in the U.S. and europe... I tried looking into the nitty gritty of it all but it gets very confusing, with lots of different collection agencies covering similar territories. so as things stand, I'm happy knowing that norway's covered, but I can't be certain that I'm not missing out on income from somewhere or other.

http://www.mcps-prs-alliance.co.uk/
http://www.pamra.org.uk/
 
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