Down-Under Report: Major Crackdown on Piracy - TARGET: DJ's

Investigation into DJ piracy amid claims newcomers are stealing the show

DISC jockeys, along with some of the most popular clubs and bars in Sydney, are the subject of a piracy investigation by the music industry that could lead to significant fines and criminal charges.

Long-time DJs say the shift from vinyl to CDs and laptops has paved the way for a new generation of DJs who cut costs by obtaining music from illegal file-sharing websites. Industry veterans say as many as 90 per cent of the DJs playing in Australian clubs are guilty.

Kim Weatherall, a senior law lecturer at the University of Queensland who specialises in intellectual property law, said the clubs and DJs risked being sued for damages by the music industry. They also risked criminal charges for copyright infringement. "These … are indictable offences carrying possible penalties of up to five years' jail or fines of $60,500 [individuals] or $302,500 [companies]," she said.

Sabiene Heindl, the general manager of Music Industry Piracy Investigations, the local industry's anti-piracy unit, said it was "investigating allegations against DJs that performed at clubs such as Cargo Bar, Verandah Bar, UN Nightclub and Gaff Nightclub".

Ms Heindl, who has written to venues informing them of their legal liability, declined to name DJs, saying her organisation was still conducting the investigation.

Steven Burke, known as DJ Stevie B, has played in almost every major club in NSW since turning professional in 1989. He said at least 90 per cent of club DJs play pirated music. "Stroll into any club, if they've got six DJs on their roster, five of them will be pirates - that's a guarantee," he said.

Mr Burke retired a month ago to focus on managing Central Station Records. He has noticed "a big downturn" in the music coming from local producers, reluctant to "sit at home in a bedroom and create music when the only thing that's going to happen is it's going to be put onto the internet and downloaded for free".

An entertainment co-ordinator in charge of booking DJs for two major Sydney clubs, who did not wish to be named, said piracy among DJs, particularly emerging DJs, was "extremely widespread".

But he said clubs shouldn't be held liable because it would be difficult for them to ensure all of the music played by their DJs was legitimate. "The clubs are trying to run a business - they need bars running, they've got licensing issues, they've got security issues, they've got stock issues," he said.

Another well-known radio and club DJ, who also declined to be named, said in the 14 years he had been in the industry, a club or bar had never checked if his music was obtained legitimately.

He said legitimate DJs were being undermined by pirates who could afford lower rates. "I've come across people that I've DJed alongside at various functions where their laptops have been filled with MP3s - they show it off," he said."If I'm going out buying vinyl and I've got some young buck with a computer full of 20,000 MP3s, it's hard to compete."

Keystone Hospitality, which operates Cargo Bar, Bungalow 8, The Loft, The Fringe and Scubar, declined to comment, as did Dean Haritos, owner of Verandah Bar.

David Freeman, manager of UN Nightclub, formerly DCMs, said he wasn't aware of any UN DJs using pirated music. "We would never authorise anything that's illegal."

source [Sydney Morning Herald]