Spotify and Major Labels Secure Huge Copyright Verdict Against “Pirate” Site (Collection Will Be More Complicated)
According to reporting from Billboard, Spotify and several major record labels have secured a massive copyright verdict against a “piracy” site called “Anna’s Archive.” However, the more than $300 million verdict is considered to be largely symbolic given that the website’s owners and operators are anonymous. Here, our Florida copyright infringement lawyer provides a more comprehensive overview of the case.
A Big Copyright Infringement Win Over a Major Piracy Site
As confirmed in reporting from Billboard, Spotify, Universal, Sony, and Warner recently won a major court victory against Anna’s Archive. That “company” is a shadow-library site that is accused of scraping Spotify and distributing music files through BitTorrent. In the Southern District of New York, Judge Jed Rakoff entered a default judgment after the company’s leadership failed to appear and defend the case. The court awarded a total of $322.2 million. Spotify received $300 million under the DMCA’s anti-circumvention provisions. The record companies received another $22.2 million in statutory copyright damages. The order also requires destruction of the scraped files and imposes sweeping injunctive relief aimed at domains, hosting, and access.
Why the Verdict is So High (Repeated and Willful Copyright Infringement)
The size of the verdict ($322.22 million) is eye-popping. For the label claims, the court awarded the maximum statutory amount for willful copyright infringement, $150,000 per work, across the specific sound recordings alleged by the plaintiffs. Spotify’s recovery was even larger because the court treated the case as one involving circumvention of technological protection measures under 17 U.S.C. § 1201. The order awarded Spotify $2,500 for each of 120,000 files that Anna’s Archive allegedly made available for download and that Spotify downloaded as evidence. That math drove the $300 million figure by itself.
Collection is Considered Unlikely: No One Knows Who Runs the Piracy Site
The major copyright infringement number is considered more symbolic than practical. There will be major challenges to a recovery. Anna’s Archive’s operators are widely reported to be anonymous. They did not step forward to defend the case. For obvious reasons, anonymous defendants are notoriously difficult to chase for post-judgment collection. A plaintiff can win a default judgment, record it, and pursue assets, but none of that helps much if the people behind the site cannot be identified or do not hold reachable assets in a cooperative jurisdiction. For that reason, the verdict looks partly symbolic. Still, symbolic does not mean meaningless. The plaintiffs now have a federal judgment, a permanent injunction, and a legal record they can use against intermediaries and any assets or identities that surface at any point during the future.
Speak to Our Florida Copyright Law Attorney Today
At Perkins Law — Brand Protection, our Florida copyright attorney provides solutions-focused guidance and support to clients. If you were the victim of copyright infringement, we are here to help. Contact us right away to set up a completely confidential, no obligation initial appointment. We handle copyright infringement cases throughout Southeastern Florida.
Source:
billboard.com/pro/spotify-major-labels-win-music-piracy-lawsuit/
