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Anti-Piracy Song Pirated By Anti-Piracy Group; Collection Society Fined For Failing To Get Royalties
from the follow-that? dept
Well, this is confusing. A few months ago, we wrote about how a composer, Melchior Rietveldt, was in a weird situation in which the song he wrote for a Dutch anti-piracy effort was showing up on DVD anti-piracy ads -- even though his contract quite specifically limited the use of the work to a local film festival. When he discovered that his song was all over some top selling DVDs (including Harry Potter) he sought compensation, going to local music collection society Buma/Stemra, asking them to get the $1.3 million he believed he was owed. Buma/Stemra initially ignored him, and then there was a weird situation in which a Buma/Stemra board member tried to offer to "help" Rietveldt, with some questionable conditions attached, including getting a cut of the money owed.
Apparently, the latest in the case is that Buma/Stemra has now been told to pay Rietveldt €20,000 and attorneys' fees -- and to continue its efforts to get him the royalties actually owed. And yes, this seems a bit confusing. Remember, it was the anti-piracy group and the movie studios who appeared to violate his copyright (yes, on his anti-piracy song). Buma/Strema's job was supposed to be to collect the money. So how is it that they're now the ones being fined? It appears some of it becomes a contractual issue in which Buma/Strema promised to try to collect the fees owed, but apparently didn't do enough after it decided it would be too much work to actually track down those who used the song. The judge in the case noted that, at the very least, Buma/Strema had a duty to inform Rietveldt that it had given up after promising otherwise. Either way, the end result is that the collection society now owes Rietveldt more money and has to continue trying to collect even more. All over an anti-piracy song that was pirated by anti-piracy groups (mainly NVPI, who is apparently the parent group for the well-known anti-piracy organization BREIN).
Apparently, the latest in the case is that Buma/Stemra has now been told to pay Rietveldt €20,000 and attorneys' fees -- and to continue its efforts to get him the royalties actually owed. And yes, this seems a bit confusing. Remember, it was the anti-piracy group and the movie studios who appeared to violate his copyright (yes, on his anti-piracy song). Buma/Strema's job was supposed to be to collect the money. So how is it that they're now the ones being fined? It appears some of it becomes a contractual issue in which Buma/Strema promised to try to collect the fees owed, but apparently didn't do enough after it decided it would be too much work to actually track down those who used the song. The judge in the case noted that, at the very least, Buma/Strema had a duty to inform Rietveldt that it had given up after promising otherwise. Either way, the end result is that the collection society now owes Rietveldt more money and has to continue trying to collect even more. All over an anti-piracy song that was pirated by anti-piracy groups (mainly NVPI, who is apparently the parent group for the well-known anti-piracy organization BREIN).
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So...
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DAMN! Sign me up!
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(At least in the DC area.)
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http://www.rawstory.com/rs/2012/06/03/tampa-strip-club-hopes-to-entice-rnc-patrons/
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Buma/Stemra Statement:
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Big Media Corporation = instant action, attention and payment.
Lone Artist = Fuck you little people, it's too much trouble to bother with you
Also, malfeasance on the part of Big Media is met with a shrug, a slap on the wrist, a minimal fine, and apologetic language like "Well, it was just an oversight/error" and MAYBE a push to actually correct the situation, WHEREAS sharing 12 songs with an unproved number of people is met with the Legal Hammer of Justice rammed up your ass to the tune of $2.5 million US dollars, incarceration, years of legal trials (and retrials and appeals for more punishment), Scarlet-Letter-Style public character assassination, and the financial ruin of the rest of your life.
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The fine is on the company that was supposed to collect the royalties, not a fine on the infringer. Not that the infringers in this case wouldn't get by with just a slap on the wrist, this is just a different case from your example.
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But seems they would pirate a song. ARRRRRRRRRRRRR WE FOUND FRIENDS WITHIN THE MAFIAA
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"Gerrits later claimed he was speaking as director of his record company"
Can you spell Conflict of Interest?
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Dream story
No, this is DELICIOUS! Irony upon irony, treachery, deceit, payoffs, screwing the artist... this story hits all the marks!
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Re: Dream story
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Where are the trolls?
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It's messy business, being a Techdirt troll.
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Probably not fair but...
A collection society being unfairly fined? I'm oddly o.k. with that.
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I'm hoping Buma/Stemra refuses to pay, compelling the courts to send out a...collection agency.
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Objection!
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One way street
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......for the children.......
................creation of jobs..............
(this is Hard)
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...........get off my LAWN!!!!!!!
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Funny
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A Helpful Reference
Anti-piracy crusader:
- Rails about how important copyright is and how evil copyright infringers are
- Has no respect for copyright
General public:
- Has no respect for copyright
I hope that helps.
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Drinking game
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Deep sigh
Musicians tries to help educate that illeagally downloading music without paying for it is wrong and hurts the musician.
EU Publishing Rights Organization screws the musician by not doing their job and collecting the money that is owed them
People who think it's ok to illegally download music without paying for it, read this article and use it as a justification to keep on illeagally downloading music without compensating the musician.
(Deep sigh)
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