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Anti-Piracy Song Pirated By Anti-Piracy Group; Collection Society Fined For Failing To Get Royalties

Copyright

from the follow-that? dept

Wed, Jul 18th 2012 7:18am — Mike Masnick
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).
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Filed Under: anti-piracy song, fines, melchior rietveldt, netherlands
Companies: brein, buma/strema, nvpi

47 Comments | Leave a Comment

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  • identicon
    Anonymous Coward, 18 Jul 2012 @ 7:21am

    FPIC EAIL

    [ reply to this | link to this | view in chronology ]

  • icon
    silverscarcat (profile), 18 Jul 2012 @ 7:24am

    So...

    Why are WE the pirates again?

    [ reply to this | link to this | view in chronology ]

  • icon
    Blatant Coward (profile), 18 Jul 2012 @ 7:28am

    Buma/Stemra Statement:

    Nooooo, you have it all wrong, we don't pay artists, we are a COLLECTION society. If we paid artists, we'd be a PAYMENT society. You pirates have it all wrong.

    [ reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 18 Jul 2012 @ 7:31am

    See? Collection societies are there to help artists!

    [ reply to this | link to this | view in chronology ]

  • icon
    Ben S (profile), 18 Jul 2012 @ 7:35am

    Do we get to call these collections societies "freetard pirates" now?

    [ reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 18 Jul 2012 @ 7:35am

    please correct me if i am wrong, but i believe this involved BREIN, the collection company in the EU. now, had this case been one whereby BREIN was going after an individual that probably didn't have 2 cents to scratch his arse with, they would have demanded a gazillion euros in fines and a prison sentence as a very minimum. so, how can they get away with just being told to cough up what they should have done all along and get a slap on the wrist for being naughty? the old double standards coming in or the 'we own the courts as well' syndrome?

    [ reply to this | link to this | view in chronology ]

    • icon
      Ninja (profile), 18 Jul 2012 @ 7:46am

      Re:

      High court, low court?

      [ reply to this | link to this | view in chronology ]

      • identicon
        RD, 18 Jul 2012 @ 8:34am

        Re: Re:

        High court, low court for certain.

        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.

        [ reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 18 Jul 2012 @ 8:07am

      Re:

      They must have suffered BREIN damage.

      [ reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 18 Jul 2012 @ 9:17am

      Re:

      please correct me if i am wrong, but i believe this involved BREIN, the collection company in the EU. now, had this case been one whereby BREIN was going after an individual that probably didn't have 2 cents to scratch his arse with, they would have demanded a gazillion euros in fines and a prison sentence as a very minimum. so, how can they get away with just being told to cough up what they should have done all along and get a slap on the wrist for being naughty? the old double standards coming in or the 'we own the courts as well' syndrome?


      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.

      [ reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 18 Jul 2012 @ 3:14pm

      Re:

      Simple they can pay it.

      [ reply to this | link to this | view in chronology ]

  • icon
    Planespotter (profile), 18 Jul 2012 @ 7:40am

    You couldn't make this stuff up!

    [ reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 18 Jul 2012 @ 7:48am

    "Buma/Stemra board member Jochem Gerrits"

    "Gerrits later claimed he was speaking as director of his record company"

    Can you spell Conflict of Interest?

    [ reply to this | link to this | view in chronology ]

  • icon
    Vidiot (profile), 18 Jul 2012 @ 7:50am

    Dream story

    "Well, this is confusing..."
    No, this is DELICIOUS! Irony upon irony, treachery, deceit, payoffs, screwing the artist... this story hits all the marks!

    [ reply to this | link to this | view in chronology ]

  • identicon
    Karim, 18 Jul 2012 @ 8:11am

    Where are the trolls?

    Come on guys, you have to have a good excuse for this one. I'm waiting...

    [ reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 18 Jul 2012 @ 8:39am

      Re: Where are the trolls?

      My guess is that they had a simultaneous orgasm when the NZ judge recused himself from the Megaupload case, and they need some time to find clean pants and clean their keyboards.

      [ reply to this | link to this | view in chronology ]

      • icon
        Chargone (profile), 18 Jul 2012 @ 7:05pm

        Re: Re: Where are the trolls?

        wonder what they did when they then found out that his replacement was another judge who was just as much in favour of actually following the law and seeking justice rather than bending over for the USG and their corporate puppeteers?

        [ reply to this | link to this | view in chronology ]

        • identicon
          Anonymous Coward, 18 Jul 2012 @ 11:19pm

          Re: Re: Re: Where are the trolls?

          Shit their pants, then go and find clean ones?

          It's messy business, being a Techdirt troll.

          [ reply to this | link to this | view in chronology ]

  • icon
    Almost Anonymous (profile), 18 Jul 2012 @ 8:19am

    Probably not fair but...

    Buma/Strema's job was supposed to be to collect the money. So how is it that they're now the ones being fined?

    A collection society being unfairly fined? I'm oddly o.k. with that.

    [ reply to this | link to this | view in chronology ]

  • icon
    Baldaur Regis (profile), 18 Jul 2012 @ 8:43am

    I'm not a big fan of schadenfreude (malicious enjoyment derived from observing someone else's misfortune), but it seems so appropriate here.

    I'm hoping Buma/Stemra refuses to pay, compelling the courts to send out a...collection agency.

    [ reply to this | link to this | view in chronology ]

  • identicon
    DOlz, 18 Jul 2012 @ 8:50am

    The irony ... it burns.

    [ reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 18 Jul 2012 @ 8:52am

    See that is what you get when you don't use CC-by-SA LoL

    [ reply to this | link to this | view in chronology ]

  • icon
    Malibu Cusser (profile), 18 Jul 2012 @ 9:20am

    Objection!

    That article should be taken out and shot.

    [ reply to this | link to this | view in chronology ]

  • identicon
    Ed C., 18 Jul 2012 @ 9:38am

    One way street

    I guess Melchior Rietveldt didn't read the fine print, that these music collection societies only exist to stuff the pockets of large publishers by siphoning money from of rest of society. It can't work the other way around, because the whole legalized racketeering scheme would implode.

    [ reply to this | link to this | view in chronology ]

  • icon
    Rikuo (profile), 18 Jul 2012 @ 9:47am

    Come on bob/darryl/who-else, where are you? I double dog dare you to spin this into a copyright maximilist position, to explain why the collection societies are the greatest thing since sliced bread.

    [ reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 18 Jul 2012 @ 10:25am

    Just goes to show how crazy copyright is getting.

    [ reply to this | link to this | view in chronology ]

  • identicon
    Digitari, 18 Jul 2012 @ 11:35am

    Re: Re: Re:

    ..but pirates.....

    ......for the children.......


    ................creation of jobs..............






    (this is Hard)

    [ reply to this | link to this | view in chronology ]

  • identicon
    Chris, 18 Jul 2012 @ 6:44pm

    Funny

    I stopped reading comics because anti-piracy news gets better and more comical everytime.

    [ reply to this | link to this | view in chronology ]

  • identicon
    Justin Olbrantz (Quantam), 18 Jul 2012 @ 7:24pm

    A Helpful Reference

    How to distinguish an anti-piracy crusader from a member of the general public:

    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.

    [ reply to this | link to this | view in chronology ]

  • identicon
    athe, 18 Jul 2012 @ 9:53pm

    Drinking game

    So, who drank every time you read the words "anti-piracy" in the article...

    [ reply to this | link to this | view in chronology ]

  • identicon
    TJR, 19 Jul 2012 @ 8:57am

    Deep sigh

    (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)

    [ reply to this | link to this | view in chronology ]

  • icon
    DamnSon420 (profile), 27 Dec 2020 @ 2:48pm

    Where can I find the name of the song? For personal Listening

    Is there a way to know the original "song" or whatever it is, cause this song is so damn lit, like It would be stupid to ask the owner if he could link me the song but seems kinda akward... damn Am writing this 8 years later, holy sh-

    [ reply to this | link to this | view in chronology ]


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