NEWS Record labels take action over VK.com ‘piracy’


Russian social network VK.com is facing legal action from three record companies that claim the service “deliberately” facilitates piracy on a large scale.


Sony Music Russia, Universal Music Russia and Warner Music UK filed separate lawsuits on April 3, at the Saint Petersburg and Leningradsky Region Arbitration Courts.


Te legal action has been coordinated by the IFPI (the International Federation of the Phonographic Industry), a non-profit group representing the recording industry.


Te companies claim that VK, which provides a file-sharing service on its site, provides a “huge” library of copyright-infringing tracks. Tey want the service to remove content that copies a “sample” of artists, as well as compensation worth RUB 50 million ($1.4 million).


In addition, the companies want VK to


implement “effective” industry measures including audio fingerprinting, to prevent the unauthorised re-uploading of content.


Francis Moore, chief executive of the IFPI,


said the action followed repeated attempts to persuade VK to tackle copyright infringement.


“We have encouraged VK to cease its infringements and negotiate with


record


companies to become a licensed service. To date the company has taken no meaningful steps to tackle the problem, so legal proceedings are being commenced.


“VK's music service, unlike others in Russia, is an unlicensed file-sharing service that is designed for copyright infringement on a large scale,” he said.


VK does allow copyright owners to request the blocking or removal of infringing content, however.


Te service is Russia’s most popular social network, with more than 88 million users from the country and 143 million overall. While it functions like Facebook, it also allows users to upload and store music and video files that can be searched and streamed by other users.


Te litigation comes despite efforts to scan for pirated content on VK. In August last year,


DMCA “has a number of problems”: Perlmutter


Te US government may amend the system for removing copyright-infringing content online and might welcome tighter rules on blocking websites, an official has said.


Te suggestions were put forward during a lecture at the London Book Fair on April 9 by Shira Perlmutter, chief policy officer and director for international affairs at


the US Patent and


Trademark Office. Referencing a green paper,


released by the


Department of Commerce in June last year, Perlmutter said the US’s takedown procedure, the Digital Millennium Copyright Act (DMCA), had generally worked well but there were “a number of problems”.


“Tere are concerns about the volume of notices received and the fact that right holders do not have time to trawl through the internet looking for potentially infringing websites,” Perlmutter said.


“Furthermore, once an infringing website is removed it can be immediately re-posted. We are not suggesting a complete overhaul, but there is much to improve.”


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A series of webinars will be held for people to put forward their concerns and ideas on how the DMCA can be improved.


Perlmutter also referenced this year’s ruling by the CJEU that internet service providers (ISPs) are “intermediaries” whose “services can be used to infringe copyright”.


Volume 3, Issue 2


Te CJEU said ISPs can be ordered to block access to websites and that right holders can apply directly to courts for injunctive relief; Perlmutter said a similar ruling would be useful in the US.


“In the US, website blocking is limited and is currently only available if a right holder were to sue an ISP for liability, which is not an easy or appealing option.”


Perlmutter also mentioned the UK’s Copyright Hub, and said a similar system would benefit right holders and consumers in the US.


Launched in July last year, the Copyright Hub is a ‘one-stop shop’ website designed to make it easier to get information about copyright ownership and licences.


Four consultations on what the US hub should focus on if it were implemented will take place this year in Boston, Los Angeles, Nashville and Berkley, Perlmutter said.


She was speaking at the Charles Clark Memorial Lecture at the London Book Fair in Earl’s Court, which ran from April 8 to 10. 


www.trademarksandbrandsonline.com


online anti-piracy company Muso struck a deal with VK to scan the site for illegal files. Muso, based in London and Los Angeles, also agreed to notify rights owners when their work is uploaded illegally.


In 2013, Russian music revenues totalled RUB 2.2 billion ($62 million), compared with $5.9 billion worldwide, according to the IFPI. 


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