A man from Denmark has been given a prison sentence in a case that has been deemed “historic.” He was found guilty of illegally making money from royalties on a large number of songs available on music streaming platforms.
The first recorded case of its kind in the country involved a 53-year-old man from East Jutland. The Danish media chose not to disclose his identity. On Thursday, he was found guilty of earning at least 2m Danish kroner (£229,676) through fake streams of “several hundred” music tracks.
According to the prosecutors, the streams necessary to make such a large sum of money could not have been produced by legitimate users. It is probable that unauthorized methods were utilized instead.
The court in Aarhus convicted him of copyright infringement for 37 tracks, which were modified versions of other artists’ original songs. The prosecution alleged that he copied and altered pieces from other musicians, altering their tempo and length, and releasing them under his own name.
The man received a sentence of 18 months, with three months to be served in prison. The judge ordered the confiscation of 2 million Danish kroner, split evenly between the man and his company. He was also fined 200,000 Danish kroner.
The large amount of streams artificially generated led him to become the 46th top-earning composer for streaming in Denmark from 2014 to 2017.
The judgment was celebrated by musicians, artists, composers, and advocates for copyright as an unparalleled decision.
Maria Fredenslund, the CEO of the Danish Rights Alliance, who brought the case to light in 2018, stated: “We are satisfied with the court’s ruling that affirms the severity and criminal nature of streaming fraud. This groundbreaking verdict sends a strong message about the seriousness of manipulating streams. The case also demonstrates that such fraud can be identified and that both rights holders and authorities are committed to addressing the issue.”
She stated that it establishes a significant milestone for future reference. “It will serve as a crucial foundation for avoiding similar situations in the future, especially with the advancement of artificial intelligence.”
Anna Lidell, the head of Autor, which is the biggest organization for composers, songwriters, lyricists, and producers in Denmark, stated, “This case holds great significance and marks a historical moment. It serves as a warning that our rights as songwriters cannot be violated.”
She stated: “The man gained millions of listens through deceit, but also infringed on copyright by accelerating the tracks and publishing them. This disrespects those who work hard every day to create music and barely make a living.”
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The initial accusation was that he earned 4.38m kroner from streams of 689 music pieces on various platforms such as Spotify, Apple Music, and YouSee Musik. However, the court concluded on Thursday that there was not enough evidence to determine the number of artificially generated tracks played, the frequency of plays, or the resulting royalties.
Amir Amirian, the lead prosecutor on the case, informed the Guardian that this is a groundbreaking case for Denmark. It sets a precedent for similar cases in the future and the judge’s ruling on the matter of data fraud is significant. It is not simply a loophole in the law, but a violation that is explicitly prohibited.
He stated his aspiration for the case to serve as a wake-up call to deter others from trying similar schemes.
On Thursday, the convicted individual expressed his intentions to appeal the ruling in the higher court.
Source: theguardian.com
