NEWSLETTER Q3 2021

First wave of successful blocking actions launched against stream ripping sites in Ecuador

On July 23, 2021, the Ecuadorian Intellectual Property Office (SENADI) ordered all ISPs to block access to some of the most popular stream-ripping sites globally, including y2mate, mp3-youtube.download, flvto, 2conv and notube, following an application by IFPI’s local group, SOPROFON. The order also encompasses sites which facilitate access to the sites subject to the block. Users who try to access the blocked sites will be redirected to an educational landing page. This is the first successful blocking action against stream ripping sites in Ecuador and represents another positive step in the industry’s efforts, coordinated by IFPI, against stream ripping sites globally.

Joint Government and industry operation in Brazil leads to closure of 94 illegal music apps

IFPI in Brazil has supported a government operation that has resulted in the blocking or closure of 94 illegal music apps, including 74 embedded MP3 apps, and 20 of the most popular stream-ripping music apps in the country.

The stream-ripping apps alone saw more than 2.4 million monthly active users. A further round of ‘Operation 404’, which has been coordinated with the UK and US authorities, is planned and will target sites in Peru and Panama as well as further illegal services in Brazil.

Competition & Intellectual Property Tribunal at INDECOPI awarded great victory to UNIMPRO

On July 19, 2021, the Competition and Intellectual Property Tribunal at INDECOPI ruled in favor of UNIMPRO in the administrative procedure sought against El Audífono, a company offering background music for businesses in Lima. The Tribunal found the defendant responsible for the unauthorized making available to the public of phonograms pertaining to UNIMPRO’s repertoire and imposed a fine of roughly USD $ 30,000. During the procedure, UNIMPRO produced evidence showing how the defendant included as part of its “rights-free” musical service, several commercial phonograms owned by national and international producers. The decision is the first of its kind against a “rights-free” background music service in the region.

Guatemalan Constitutional Court unanimously ratified powers of Collecting Societies to set tariffs and license users for the use of their repertoire

On July 26, 2021, the Constitutional Court ruled on the challenge filed by the Guatemalan Chamber of Commerce seeking to repeal several provisions from the Guatemalan Copyright Law and related to the powers granted to Collecting Societies. In a detailed and thoughtful decision, the Court analyzed one by one the arguments presented by the plaintiff concluding that collecting societies are not only useful but very necessary in order to license vast repertoires of works and phonograms.

The Court also ruled that authors, performers and phonogram producers enjoy exclusive rights over their creations in Copyright Law but those rights will be very difficult to exercise in front of multiple users; hence collecting societies are the adequate tool to set the price for such uses and license users on behalf of right owners. The decision from the Guatemalan Constitutional Court has been considered one of the best judicial decisions in Latin America in the field of collective management and copyrights.

IFPI Latin America meets with CISAC

The Peruvian Society of Authors and Composers (APDAYC) has just been elected as the next Chair of the Ibero-American Committee of the International Confederation of Societies of Authors and Composers (CISAC).

IFPI’s Latin America Regional Office met with APDAYC’s chairman and managing director to review recent regional developments and reaffirm their mutual interest in promoting creative industries as the engine of economic development. Also discussed were the difficulties the entertainment sector has faced during the pandemic due to the closures for public health reasons and the COVID-19 severe containment measures.

IFPI introduces SoundSys, a cloud-based distribution software for Music Licensing Companies

SoundSys has been introduced to the region and is now in the implementation phase in Paraguay (SGP) and Guatemala (AGINPRO) through management and coordination by IFPI’s Latin America Regional Office. SoundSys is a cloud-based distribution software designed to support Music Licensing Companies in their role of distributing performance rights revenues to producers of sound recordings, in line with global best practices. Among the many benefits, the system provides for a cost-effective solution that meets IFPI code of conduct ensuring accuracy and transparency for members and a reduction of manual processes.