Aarhus court hears he may have benefited from artificially generated plays, in a case believed to be the first of its kind
A 53-year-old Danish man is being tried in Aarhus for allegedly earning 4.38 million kroner (over £502,000) in royalties from music streaming platforms, in what is believed to be the first trial of its kind. Prosecutors claim that he profited from 689 tracks across platforms like Spotify, Apple Music, and YouSee Musik. They argue that the high number of streams required for such earnings could not have come from legitimate users and likely involved unauthorized methods. The alleged fraud is said to have occurred between 2013 and 2019.
In addition to data fraud, the defendant is accused of violating copyright law by allegedly appropriating works from other artists, altering their length and tempo, and releasing them under his own name. He has pleaded not guilty.
The case, investigated by the National Unit for Special Crime, is expected to span three days, with a verdict anticipated next Tuesday.
The defendant’s lawyer, Henrik Garlik, stated to the Danish broadcaster DR: “I do not believe that a case of this nature—concerning what the prosecution views as data fraud related to playbacks of musical works via various streaming services—has previously been adjudicated.
“Depending somewhat on the outcome, there is a possibility that both my client and the prosecution may appeal the verdict to the high court. I also cannot rule out the possibility that a case like this could be elevated to the supreme court.”
Prosecutors are reportedly seeking a fine, a prison sentence, and the confiscation of the defendant’s royalties.
Anna Lidell and Lasse Matthiessen, the chair and a vice-chair of Autor, the largest Danish association for composers, songwriters, lyricists, and producers, remarked: “This is unprecedented, not just within Denmark but globally. The level of streaming figures… has never been witnessed before.”
Lidell and Matthiessen noted that to generate 1 million kroner, a track would need to be streamed 20 million times and would have to be fully owned by the artist, songwriter, and label, which is exceedingly rare.
“We cannot definitively ascertain the method used to accumulate such a high number of streams, but it could have been achieved through a computer program or by utilizing numerous devices, such as cell phones, set to play the same songs repeatedly,” they added. “We naturally hope that, on behalf of both Danish and international composers and songwriters, the case results in a clear verdict that establishes a precedent, thereby safeguarding the rights to the music authored by our composers and songwriters.”
The Danish Rights Alliance stated that it initially brought the case to light in 2018 on behalf of its members. Referring to the indictment, Ditte Rie Agerskov, the head of communication, mentioned that the defendant’s actions resulted in him “unfairly receiving royalties” on a scale “typically attained by major international stars.”
She further stated, “Criminals perceive a lucrative opportunity in generating artificial plays that imitate natural listening patterns, aiming to access royalties from music streaming platforms. However, artificially generated plays contravene the user terms outlined by music services such as Spotify, YouSee, and Tidal.”
