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  • News blog
  • 4 October 2024
  • European Innovation Council and SMEs Executive Agency
  • 3 min read

YouTube blocks music by Adele, Nirvana and Green Day in the US - Starlink sends copyright infringement notices for downloading pirated content

YouTube blocks music by Adele, Nirvana and Green Day in the US.

On 28 September, YouTube users in the United States experienced the blocking of music videos by popular artists such as Adele, Green Day, Nirvana and Bob Dylan. Instead of popular songs such as Adele's 'Someone Like You' and Green Day's 'Boulevard of Broken Dreams', users instead saw a message stating that the video contained content from SESAC and was unavailable in the country. 

Unlike other instances where YouTube blocks content for copyright infringement through its automated Content ID system, this block is the result of a contractual disagreement. According to the platform's social media statement, the conflict arises from failed negotiations with the Society of European Stage Authors and Composers in the United States (SESAC), a public performance rights organisation recognised by the US Copyright Office that represents over 35,000 artists and helps them protect their work and collect royalties. YouTube explained that they were unable to reach a fair agreement before the licences expired. As a result, the content managed by SESAC was made unavailable on its platform in the US.

This type of blocking is common when negotiations between streaming platforms and rights management organisations fail. However, both parties are expected to reach an agreement soon to restore access to this popular content. Until then, SESAC has the legal right to block the public performance of the music it covers, whether online or on the radio. 

 

Starlink sends copyright infringement notices for downloading pirated content

Starlink, the satellite internet service developed by SpaceX, has started sending warnings to its users in Spain for downloading and sharing films and other audiovisual content protected by copyright.

In 2019, SpaceX, the American space transportation company led by Elon Musk, launched Starlink with the aim of deploying around 12,000 satellites to provide Internet services as a complement to fibre-optic networks and 5G connections through a monthly subscription. To date, the Starlink constellation has more than 4,000 satellites and operates in 56 countries. 

The company's protocol is to send letters to customers who use their connection to access file-sharing networks such as Torrent or eMule to download movies or other copyrighted content. In one case which attracted some public attention, a user received a certified letter from Starlink that stated that Paramount Studios was behind the claim, and even gave the exact name of the file involved in the infringement. Along with the letter, Starlink also leaves a message on its official mobile app warning that if users continue to download or share illegal content, their service will be suspended.

Starlink clarified that the notices come directly from the content providers and that, as a company, they are obliged to forward these notices to users. They also pointed out that the notifications are informative and that no immediate action will be taken against the user's account or service. This obligation arises because Starlink is a US-based company subject to the Digital Millennium Copyright Act (DMCA), which exempts internet service providers (ISPs) from liability for what their customers do with their connection, as long as they take reasonable steps to respond to copyright infringement notices from rights holders.

It is common practice for companies such as film studios to actively monitor P2P networks and register the IP addresses of users sharing protected files. When infringement is detected, the rights holders send notices to the ISPs, who are then required to forward them to the users concerned. Starlink's website states that in order to identify an infringing user, they need specific information such as the IP address, port, protocol and the exact time the infringement occurred. It also warns that it may suspend service to users who repeatedly download or share pirated content.

This is not the only case of copyright infringement claims in Spain. In previous blog posts, we looked at how LaLiga, the organisation that manages Spain's professional football league, sent out certified letters demanding €450 from users who had accessed pirate football platforms. In this case, LaLiga obtained court approval to access users' personal data through major telecom providers. Likewise, Starlink has been required to forward copyright infringement notices to its customers in Spain, although it claims that it will not take immediate action against them.

Details

Publication date
4 October 2024
Author
European Innovation Council and SMEs Executive Agency