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Tema: 1.4 million euros fine to an italian DJ

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arjunaPRO InfinityMember since 2004
A news of a few days ago that we're discussing on the Italian forum...


"ROME (Reuters) - An Italian DJ has been fined a record 1.4 million euros (970,000 pounds, 1.8 million dollars) for using thousands of pirate music files in a nightclub near Rome, police say.

Police in the town of Rieti, near Rome, said on Wednesday they raided a popular nightclub earlier this week as part of a crackdown on piracy and seized 500 illegally copied music videos and more than 2,000 MP3 music files.

Police said the files belonged to a "well-known" Italian DJ.

"For the MP3 files, which were kept on the DJ's personal computer, the DJ has received a fine of 1.4 million euros," Rieti finance police said in a statement.

The International Federation of the Phonographic Industry (IFPI) said the fine was the biggest ever slapped on an individual for unlawful music copying and the use of copyrighted music in the MP3 format."



A note from me:
for the italian law, he is punishable also with 1-3 years in prison; the mega-fine is determinated adding up single fines in a range from 103,00€ to 1032,00€ per file.


Ciao!! :)
 

Mensajes Mon 21 Feb 05 @ 7:43 pm
How did the Italian police know. Was he selling the videos and MP3's?

MS
 

Mensajes Mon 21 Feb 05 @ 8:06 pm
arjunaPRO InfinityMember since 2004
They have found (probably with a prepared operation, not by chance) all this material 'cause the DJ was using it, with a PC.
This guy (whose name is unknown, papers says only that he is a famous italian DJ) doesn't owned the original CDs at all, in the club or at home.


Ciao!! :)
 

Mensajes Mon 21 Feb 05 @ 8:24 pm
It's bad when a DJ steals from the hand that feeds him!


MS
 

Mensajes Mon 21 Feb 05 @ 8:31 pm
jukesyPRO InfinityMember since 2003
Wasn't he protected by the clubs music license? In the UK, I believe the club pays a fee just like a radio station, for the rights to play any music as long as they keep a list of all the tracks played. I may be wrong, but this is certainly what I have had to do before??

Furthermore, even if he had owned the CD's or Vinyl wouldn't he have been in similar problems because the copyright on a standard vinyl/cd says that you are not allowed to use this material for public broadcast? All vinyl and cds would have to be promos?

This is why clubs/bars/radios have a public music license that they pay?

 

Mensajes Tue 22 Feb 05 @ 1:49 am
let's see a link to the article?

In america the club pays ASCAP and BMI
 

Mensajes Tue 22 Feb 05 @ 2:06 am
In Canada the club has to pay also!!!!SOCAN.
 

Mensajes Tue 22 Feb 05 @ 10:01 am
tunicPRO InfinityMember since 2004
There is an article about public performance and mp3's in the UK in the latest DJ Mag. Basically the law hasn't caught up with the technology. There current UK Public Performance Licenses do not allow mp3's to be broadcast to the public at present as they only cover CDs and Vinyl. Apparently, if you buy from a dedicated commercial mp3 site (such as i-Tunes, DJ Download etc.) you will be effectively okay for now, as long as you or the venue has a PPL. This is a temporary workaround until explicit mp3 use is added to the license. The PPL people reckon you are not allowed to simply copy your CDs or Vinyl to mp3 at present as this is in breach of UK copyright law (remember there is no fair use act like in the US). However, when the new updated license comes out you'll hopefully be able to.

I assume similar to the above is also the case in Italy.

 

Mensajes Tue 22 Feb 05 @ 10:17 am
azawakhHome userMember since 2004
Here in Finland you can get a DJ licence that give you the right to copy any NAMED tracks to what ever you want, hd, mp3 player and so on. The sums are for 1 - 300 tracks 300€, 301 - 500 tr. 370€, 501 - 700 tr. 440€ over 700 I think it's per track.
The licence are valid for one year and during that time you can use the music as much as you like, but if they want to check you have to be able to show the original CD.
To that comes then the fee the venue or the organizer have to pay according to how big the audience are.

Hasse
 

Mensajes Tue 22 Feb 05 @ 2:04 pm
Surely, if you have the original CD, you are allowed to use the "One Backup Copy" for personal use rule?

I would expect that an MP3 backup you have made would be playable, cause imagine the scenario:

Fave CD = No Backup = Play Out Live = Scratched/Nicked = Pay Again (If Available)

I know i wouldn't want to be in that situation, and I duplicate almost every track I get on vinyl, so that if it gets lost scratched or whatever, I can still use me laptop to play it, after all - I paid the artist for the track?

Hmmm.. its a big legal loophole it seems, unfortunately, I see places, or rather can HEAR places that play really bad MP3s, as the quality is all mushy and watery.. *sigh* it's always some s*** bootleg that the club thinks is fun :sarcasm:
 

Mensajes Wed 23 Feb 05 @ 11:03 am
tunicPRO InfinityMember since 2004
Whilst I absolutely agree you should be able to make duplicates of your own music for whatever purpose you want it for (apart from distribution), the law in the UK is quite different. You have never, not even in the prolific time of audio tape been able to make copies for your personal use, for the car etc. This includes CD copies, mp3 copies, audio tape copies etc. However, that is starting to change where you buy the mp3 from an mp3 site (such as i-Tunes) which normally allow up to 5 copies for different computers / devices etc.

 

Mensajes Wed 23 Feb 05 @ 1:11 pm
BarglerPRO InfinityMember since 2004
There is a big difference between making a back up copy for your own use, and making copies for performance or re-broadcast, even in the states.

I could, for instance, buy a DVD and legally make my own backup, but to play ANY of the copies(including even the original) as entertainment for a party is treading on shaky legal ground. The same applies for music, as I understand it. I think the music industry has left the DJs alone for the most part because they viewed it as free marketing, but that doesn't mean they aren't reserving the right to enforce the law at a later time.
 

Mensajes Wed 23 Feb 05 @ 5:16 pm
One other point of view of this issue:
The recording companies are cutting of their own legs. I mean, Dj's are in a way marketing the music directly to potential customers on clubs all over the world.
 

Mensajes Thu 24 Feb 05 @ 5:06 pm
DJ RickPRO InfinityMember since 2003
I agree. Their enforcement policies sometimes seem a bit misguided. I think they mainly want to prevent a person from getting a hold of their product and selling it or mass producing it for resale. Most DJ's I know hold their music library as a sacred possession. They aren't about to copy and sell it. The music library is what makes each DJ different. So we take our prized possession out of the house 3 or 4 times a week and display it for the public who can then go to the record store and buy it.
If I was a record company, I would be giving my music for free (or at least deeply discounted) to any DJ who is making a living playing music in public!!
This (I think) would help to insure continued public demand for my product!
 

Mensajes Thu 24 Feb 05 @ 8:47 pm


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