Anti-Piracy Group Sued For Using Pirated Theme Song

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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Anti-Piracy Group Sued For Using Pirated Theme Song


Dutch copyright group BREIN has been sued by a musician who claims that it has been using his music in an anti-piracy campaign without his permission.

The Bescherming Rechten Entertainment Industrie Nederland [http://www.anti-piracy.nl/], or BREIN for the sake of simplicity, is a Dutch trade association functionally similar to the MPAA, and much like the MPAA it has aggressively pursued copyright infringement over the years, including through the use of lawsuits against organizations like The Pirate Bay. But now the tables are turned, as the group is facing a lawsuit filed by a musician claiming that it is using his music in their campaigns without permission.

Back in 2006, BREIN asked Melchior Rietveldt to compose a song for an anti-piracy video for a local film festival. Rietveldt agreed, allegedly under the conditions that the video was only for use at the festival; but in early 2007, he noticed that a Harry Potter DVD he purchased contained the same video, including his music. And presumably because of the ubiquity of the ad, he claims that his work has been used on "tens of millions" of DVDs, which according to his financial adviser means that he's owed at least $1.3 million.

Amazingly, when Rietveldt took his case to Buma/Stemra, a "music royalty collection agency," he was told by board member Jochem Gerrits that before he could get any help in the matter, he'd have to sign the rights to the track in question to Gerrits' own music publishing company, and that he'd have to give Gerrits 33 percent of any money he received. Gerrits told Rietveldt's financial guy that he deserves the money because he's got a lot of pull and later said that getting two-thirds of what he's owed is a lot better than the no-thirds he has now.

What Gerrits didn't realize is that the entire conversation was being recorded by Pownews [http://www.powned.tv/uitzendinggemist/pownews.html]. When word of his demand got out, he claimed he'd been "misinterpreted" but also temporarily resigned his position on the board until the matter can be resolved. BREIN Director Tim Kuik, meanwhile, says the dispute with Rietveldt is a contractual dispute that doesn't actually have anything to do with his organization because it is neither the distributor nor the client in the case.

Source: TorrentFreak [http://torrentfreak.com/copyright-corruption-scandal-surrounds-anti-piracy-campaign-111201/]


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-Dragmire-

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Mar 29, 2011
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Sounds like there was no written contract which probably makes things tricky in a 'he said/he meant' sort of way.
 

esperandote

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Feb 25, 2009
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But if they used it for a copyright campaing they didn't profit from it. where is that 1.3 million coming from?
 

Sampler

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May 5, 2008
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esperandote said:
But if they used it for a copyright campaing they didn't profit from it. where is that 1.3 million coming from?
Just because they didn't ask for any money from the distribution doesn't mean he wasn't paid a royalty for the original performance - multiply that original "one time" royalty over the tens of thousands (if not millions - it's Harry Potter we're talking about) DVD's than that fee would shoot up to an exorbitant amount.
 

Caffiene

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Jul 21, 2010
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esperandote said:
But if they used it for a copyright campaing they didn't profit from it. where is that 1.3 million coming from?
They do profit it from it, just not directly. Or at least, they think they do - thats the point of the campaign, they believe that by discouraging piracy they will make more profit on legal sales of their items.

But regardless of profit or not, the content creator is still entitled to be paid for the use of their work. Standard practice is to pay a licensing fee for the content, and that is calculated into the cost of running the campaign, same as you would still have to pay for the cost of editing it and printing the discs, but they denied this guy the appropriate licensing fee.

Without having agreed on licensing before hand, the BREIN group dont get to benefit from for example negotiating a bulk-discount, the guy can just list his standard fee of $X per disc.
 

bluegate

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Dec 28, 2010
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Sampler said:
esperandote said:
But if they used it for a copyright campaing they didn't profit from it. where is that 1.3 million coming from?
Just because they didn't ask for any money from the distribution doesn't mean he wasn't paid a royalty for the original performance - multiply that original "one time" royalty over the tens of thousands (if not millions - it's Harry Potter we're talking about) DVD's than that fee would shoot up to an exorbitant amount.
It isn't just Harry Potter we are talking about here though. I saw the interview done by Pownews and the guy who composed said song had a little trunk with him, with all the DVDs he could find that included the little 'commercial'.

It showed movies such as: The Dark Knight, Happy Feet, 300, I am Legend, Resident Evil SomethingSomething, and a lot of other, smaller movies. Or rather, lesser known, movies.
 

Berithil

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Mar 19, 2009
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NinjaDeathSlap said:
A Satanic Panda said:

And just when I though Fox taking Pedo-bear seriously was funny.
Wait, did they? They didn't. Surely they didn't? Tell me they didn't!
It wasn't fox, it was KRQE, a news station in new Mexico.


Anyway, I love the irony of this situation.
 

Gxas

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Sep 4, 2008
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I just had a delicious dinner.

This was the perfect dessert.

Irony just tastes so damn good.
 

chadachada123

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bluegate said:
Sampler said:
esperandote said:
But if they used it for a copyright campaing they didn't profit from it. where is that 1.3 million coming from?
Just because they didn't ask for any money from the distribution doesn't mean he wasn't paid a royalty for the original performance - multiply that original "one time" royalty over the tens of thousands (if not millions - it's Harry Potter we're talking about) DVD's than that fee would shoot up to an exorbitant amount.
It isn't just Harry Potter we are talking about here though. I saw the interview done by Pownews and the guy who composed said song had a little trunk with him, with all the DVDs he could find that included the little 'commercial'.

It showed movies such as: The Dark Knight, Happy Feet, 300, I am Legend, Resident Evil SomethingSomething, and a lot of other, smaller movies. Or rather, lesser known, movies.
I hope this guy rips the anti-piracy group to shreds for this.

Note to people: NEVER ask someone to make a song for you and then lie about the use of the song. ALWAYS give proper credit. Not doing so not only makes you an asshole but makes you liable to get sued big-time.
 

DarkRyter

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Dec 15, 2008
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I want to say this is ironic, but I expected this to happen at some point or another.
 

Steve the Pocket

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Mar 30, 2009
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I'm curious what the song was about. Or was it just some instrumental piece? Come to think of it, if BRIEN is like the RIAA, wouldn't they already have free access to a huge library of commercial music they can use however they want?