On Monday (November 4), Universal Music Group (UMG), ABKCO Music and Records, and Concord Music Group filed a major copyright infringement lawsuit against Believe and its subsidiary TuneCore, seeking at least US$500 million in compensation.
You can read the full complaint here, filed in the U.S. District Court for the Southern District of New York, which focuses in part on the spread of so-called “manipulated” information.
it claims believe has established its business through “Copyright infringement on an industrial scale” “The most popular copyrighted sound recording in the world”.
Universal Music Group, ABKCO and harmony Claims Believe has achieved significant growth by serving as a hub for distributing unauthorized copies of copyrighted sound recordings to major platforms, including Tik Tok, Youtube, Spotify, apple music and Instagram.
UMG et al. Allegation: “Believe routinely distributes blatantly infringing versions of original tracks by well-known artists, accompanied by annotations that say they are “speeded up” or “remixed.”
A spokesperson for UMG said of the lawsuit: “Believe is a company based on industrial-scale copyright infringement. Their illegal conduct is not limited to defrauding artists on major labels, but also includes artists on independent labels. Including artists from independent labels within the trade body to which Believe itself is a part.
The lawsuit highlights multiple examples of alleged infringement (see Attachments A and B here).
Examples of these include tracks uploaded by “artists” using slightly misspelled versions of famous names, e.g. “Kendrick Lamar”, “Ariana Grande”, “Jutin Bieber” and “Lady Gaga.”
Many of the unauthorized tracks are described by artists as “speeded up” or “remixed” versions of the original recordings, including Aba, ariana grande, Beastie Boys, Bon Jovi, Daddy Yankee, Diana Ross, Drake, Elton John, Fall Out Boy, Justin Bieber, Katy Perry, Kendrick Lamar, Lady Gaga, Nirvana band, and this The Rolling Stones.
“Believe is a company predicated on industrial-scale copyright infringement. Their illegal conduct is not limited to defrauding artists on major labels, but also includes artists on independent labels, including within the trade body of which Believe itself is a member.
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also, UMG et al. Note that Believe has distributed “millions” of tracks to DSPs (more than the combined catalogs of major labels and legal independent labels).
“While Believe was fully aware that its business model was driven by rampant piracy, it eschewed basic measures to prevent copyright infringement and turned a blind eye to the fact that its music catalog was littered with copyright-infringing phonograms,” the lawsuit states.
Part of the focus of the case is YouTube Content ID system.
UMG and its co-plaintiffs accuse Believe of manipulating the system, “claiming copyright to the sound recordings contained in the tracks it releases and using these systems to profit from the use of those recordings.”
Even after losing such dispute on YouTube, claims UMGBelieve continues to distribute the same infringing tracks on other platforms such as Spotify and Apple Music.
“There’s no question that Believe has been outspoken in opposing the principles of streaming reform that many major independent record labels have been advocating. Why? Because such reform would undermine and expose the ways in which they have set themselves up for themselves by releasing music to which they do not have the rights and illegally collecting royalties. and its complicity in a system that seeks to gain scale and market influence for profit,” a UMG spokesperson said.
The complaint cites unauthorized versions of hits such as aquaof Barbie girl; Taki Taki go through DJ Snake ft. Selena Gomez, Ozuna and Cardi B; Abaof Put all your love on me; and billie eilishof Bad guy.
according to UMGeven though Believe admitted that they had no rights to the content on YouTube, the tracks were still available on other platforms.
“There’s no question that Believe has been outspoken in opposing the principles of streaming reform that many major independent record labels have been advocating. Why? Because such reform would undermine and expose the ways in which they are subsidizing themselves and their peers by releasing music they don’t have the rights to and illegally collecting royalties. It is complicit in creating a system of scale and market influence for profit.
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“As the publisher of these tracks, Believe had specific knowledge of the infringement, or at least actual knowledge of the facts indicating a high likelihood of infringement, but continued to distribute and claim permission “Moving the same tracks to other services continues to infringe Plaintiffs’ copyrights and misappropriate royalties that should go to Plaintiffs,” the complaint reads.
The lawsuit comes against a backdrop of concerns over unauthorized “modifications” of tracks, particularly in Tik Tok.
Previously, UMG recently Byte bounceinvolving 37,000 Delete requests affect more than 120 million TikTok videos from earlier this year.
It also builds on a potential precedent sony musicThe case against an artist named Trefuego April is on his footsteps, No. 90, This is a sped up sample based on a 1986 track Reflection japanese composer Hinataa Sony representative.
then, global music business Raise fundamental questions about distributor responsibilities in the era of digital streaming.
The Sony x Trefuego case mainly targets individual artists rather than publishers; Release boyalthough dealers must pay $14,000 A piece of Trefugo $800,000 causing losses to Sony.
DistroKid’s “Distribution Agreement” with the artist is as follows: “You shall compensation and catch harmlessand upon our request, defend DistroKid [from] All claims, actions, proceedings, disputes, controversies, losses, liabilities, damages, costs and expenses arising out of any breach or infringement of another party’s rights by records, materials, data or information provided or authorized by you… any claim.
Likewise, Believe and TuneCore’s Terms and Conditions effective from April 2021 also have an indemnity clause: “You agree compensation and catch harmless [Believe and TuneCore]subsidiaries, affiliates, or any related companies… harmless from and against any and all claims, losses, obligations, damages, liabilities, costs, liabilities, and expenses… including claims that any of your User Content infringes or violates the intellectual property rights of any third party.
“[Believe and TuneCore] reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
This isn’t the first time TuneCore/Believe has been sued for copyright infringement.
In 2020, it was sued by a New York publisher Yuanshan Music Allegedly copying and distributing “musical works owned or controlled by Round Hill…despite knowing [these] The work was never properly licensed.
The case was later resolved.global music business
