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Finland | Universal loses Market Court case over Internet Music rights

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18 March 2015

Two sons of late Albert Järvinen, best known as gui­ta­rist for the Finnish rock’n roll band Hurriganes, took a clear vic­to­ry over Universal Music Finland in Helsinki Market Court over inter­net rights of two albums ori­gi­nal­ly released in the ear­ly 1970’s. The case was pro­ces­sed on behalf of the artist right­hol­ders with legal aid pro­vi­ded by the Finnish Musicians’ Union.

The court sta­ted, that Universal was not entit­led to make the recor­dings available to the public through the inter­net, as the rights were only gran­ted with regard to phy­si­cal pho­no­grams. Universal was unable to pro­ve the exis­tence of an agree­ment bet­ween the artist and the label allo­wing inter­net use. In addi­ti­on, Universal could not con­vin­ce the court of eit­her a gene­ral busi­ness prac­ti­ce or a silent accep­tance enab­ling them to use the recor­dings in inter­net ser­vices. The ruling obli­ges Universal to take out the first two Hurriganes albums from inter­net ser­vices, pen­ding a fine of 50,000 euros.

Ahti Vänttinen, the President of the Finnish Musicians’ Union, is plea­sed with the out­co­me. “We belie­ve that a lar­ge part if not most of the older recor­ded reper­toire from any coun­try now uti­li­zed in inter­net music ser­vices world­wi­de is not suf­fi­ci­ent­ly licen­sed by the artists. Labels can­not just assu­me they have the rights, but they have to agree on them with the artists. It is not cre­di­ble to pre­su­me that record deals in the 1960’s, 1970’s or even 1980’s would have included pro­vi­si­ons on inter­net use. Only in the late 1990’s we star­ted to see pro­vi­si­ons deal­ing with elec­tro­nic dis­tri­bu­ti­on, and even today some con­tracts are still silent on the­se types of utilization.”

Benoît Machuel, the General Secretary of the International Federation of Musicians (FIM) is hap­py with the decis­i­on as well: “We wel­co­me this ruling, which makes clear that the record majors can­not uni­la­te­ral­ly re-​interpret their unfair con­tracts to make them even more unfair to per­for­mers. The time has come to re-​shape busi­ness models and legis­la­ti­ons, in order to pro­vi­de per­for­mers with a fair share of the reve­nue gene­ra­ted by their music online”.

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