A man from Denmark is currently facing trial in Aarhus for allegedly deceivingly earning 4.38 million kroner (equivalent to over £502,000) in royalties from music streaming platforms. This is believed to be the first trial of its kind.
According to prosecutors, the individual, who is 53 years old, gained financial benefit from 689 music pieces being streamed on various platforms such as Spotify, Apple Music, and YouSee Musik. They claim that the large number of streams needed to earn such a sum of money could not have been procured by legitimate users and that unauthorized methods were likely utilized instead. The supposed fraudulent activity is believed to have occurred between 2013 and 2019.
The accused is facing charges of data fraud and copyright infringement for supposedly using the works of other artists without permission, altering them in terms of duration and speed, and releasing them under his own identity. He has entered a plea of not guilty.
The National Unit for Special Crime conducted an investigation into the case, which will be heard for three days and a verdict is expected on Tuesday.
Henrik Garlik, the lawyer for the defendant, stated to Danish broadcaster DR that a case involving alleged data fraud related to the streaming of musical works through different bidding services has never been brought to trial before.
The outcome may influence the decision of both my client and the prosecution to appeal the ruling to a higher court. I cannot deny the possibility that a case of this nature may go all the way to the supreme court.
The prosecution is allegedly requesting a monetary penalty and imprisonment, as well as taking away the accused’s earnings.
Anna Lidell and Lasse Matthiessen, who serve as the chair and a vice-chair respectively for Autor, the biggest organization for composers, songwriters, lyricists, and producers in Denmark, stated: “This is truly unique, not only in Denmark but also worldwide. The magnitude of streaming figures… has never been witnessed before.”
According to Lidell and Matthiessen, earning 1 million kroner would require a track to be streamed 20 million times and be fully owned by the artist, songwriter, and label, a highly unusual occurrence.
It is uncertain how the individual obtained a large number of streams, but it is possible that it was achieved through the use of a computer program or multiple devices, such as cell phones, playing the same songs repeatedly. The hope is that this case will result in a definitive ruling that establishes a precedent and safeguards the rights of both Danish and international composers and songwriters for their music.
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In 2018, the Danish Rights Alliance brought attention to this case on behalf of its members. According to the indictment, Ditte Rie Agerskov, the head of communication, stated that the defendant’s actions resulted in him receiving royalties in an unfair manner, comparable to that of prominent international celebrities.
She stated, “Criminals view an opportunity in producing fake plays that imitate natural listening habits, in order to profit from music streaming services. However, these artificially generated plays go against the terms and conditions set by music platforms such as Spotify, YouSee, and Tidal.”
Source: theguardian.com
