4th QUARTER 2020
IFPI LATIN AMERICA
Stream ripping wins in Peru. IFPI has secured the first blocking order against a stream ripping site in Peru.
The preliminary injunction requires ISPs to block access to Y2mate.com, the most popular stream ripping site in the country. The block will remain in place pending a decision on merits. The closure and blocking injunction represent positive steps in the industry’s efforts, as coordinated by IFPI, against stream ripping sites globally.
Private copying levy ratified in Paraguay.
The Supreme Court unanimously ratified that implementing decrees of the private copy levy comply with the corresponding provisions in Copyright Law. The decision rejected the challenge filed in August 2019 and is the second constitutional challenge that the private copy levy has survived in Paraguay. Private copy collections in Paraguay are an important source of revenue for the copyright holders in Paraguay.
Globally popular stream-ripping sites blocked in Brazil.
IFPI’s local anti-piracy group in Brazil, APDIF, has been successful in its first criminal blocking action, resulting in ISPs in Brazil being ordered to block 15 global priority stream ripping sites. Stream ripping is one of the most harmful forms of music copyright infringement and activity is higher in Latin America than in any other region globally, with38.5% of internet users in Brazil using stream ripping sites on a monthly basis. Included in this was the closure of notorious infringing site HitseBeats.eu in Brazil. In early November 2020, following an investigation request from APDIF, all three domains of HitseBeats.eu were taken offline. HitseBeats.eu is the most problematic infringing music site in operation in Brazil (administrated by a Brazilian citizen). These results are one more important step in the industry’s global strategy to tackle stream-ripping.
A long-awaited court decision has finally been published.
After a long legal battle that started more than 20 years ago and went all the way to the Supreme Court, APDIF DO BRASIL, the industry’s anti-piracy organization, secured a judicial victory against two industrial CD manufacturing facilities in the Sao Paulo area (Novodisc and Trace Disk). After several appeals and delays, the Supreme Court finally upheld the decision, which included damages being awarded to APDIF.
El Salvador’s Court ratified producers’ performance right for music played in hotels.
On December 1, 2020, the Civil and Mercantile Court #2 of the San Salvador area, ruled in the litigation sought by the Salvadorian Association of Phonogram Producers (ASAP), for the unauthorized communication to the public of sound recordings in all areas of a hotel which refused to license. This decision reaffirms producers' right of communication to the public of their phonograms by any means as granted by the Salvadorian Copyright Law and the International treaties.
Peru’s first injunction against an interactive audiovisual service for making phonograms available without a license.
On September 29 2020, the Peruvian Union of Phonographic Producers (UNIMPRO) was granted an injunction by the National Institute for the Defense of Free Competition and the Protection of Intellectual Property (INDECOPI) to restrain the unauthorized simulcasting and streaming of the phonograms that make up UNIMPRO’s repertoire. This injunction is extremely valuable, as it constitutes a significant precedent against an interactive audiovisual service and preempts the reproduction as well as the making available of UNIMPRO-managed phonograms without due authorization.