Music industry files copyright suit to block pirate sites

Australia’s music industry has banded together to take legal action to get pirate site KickassTorrents blocked by local internet service providers.

The three major labels, along with music rights management company Alberts and collecting society APRA AMCOS, have filed an application in the Federal Court of Australia against KickassTorrents and associated offshore proxy sites. 

The action follows the Federal Government’s passing of section 115A of the Copyright Act 1968 (Cth) last June, when rights holders were given the power to apply to the Federal Court to have foreign-based websites blocked, if the "primary purpose" of that website is to infringe copyright.

The strategy is already employed in the UK and has already been employed locally by Foxtel to block sites including The Pirate Bay and Australia’s film industry.

However the court filing by APRA AMCOS, Universal Music Australia Pty Limited, Warner Music Australia Pty. Limited, Sony Music Entertainment Australia Pty Ltd and J Albert & Son Pty Ltd marks the first time the music industry has used the legislation to take action against pirate sites.

Speaking to TMN, Vanessa Hutley, General Manager of Music Rights Australia said these types of orders have been made against KickassTorrents in other countries.

“KickassTorrents is a notorious offshore pirate site,” she said. “[…] Other notorious sites are the subject of applications by other copyright owners and those cases are currently in the Federal Court of Australia.”

The industry groups have noted millions of dollars are being made in illegal advertising revenues. The press release cited a government comment which called KickassTorrents and similar websites the “worst of the worst” for exploiting the creativity of others.

Hutley was unable to comment on exactly what other offshore sites were included in the complaint, nor could she comment on any evidence that is currently before the court. She did say however, that the application to have such infringing websites blocked in Australia is an important step.

“The orders which we are seeking are designed to block those offshore sites which have the primary purpose of infringing copyright or facilitating the infringement of copyright,” she told TMN. “These sites make millions from advertising but give nothing back to the song writers, record labels, music publishers and artists whose work they flagrantly exploit.” 

Hutley said these types of orders will also support legitimate licensed online services. 

“There is no silver bullet but this case and the orders which we are seeking mark an important step in supporting the music community and the over 20 licensed online music services which make music available to Australian music fans across a range of platforms and price points including free on some services,” she said.

Jenny Morris OAM, Chair of the APRA Board said in a statement: “Illegal offshore sites like Kick Ass Torrents show a complete disrespect for music creators and the value of music. Australian music fans already have access – for free if they choose – to the world’s repertoire of music via more than 20 legitimate licensed online music services.”

Dan Rosen, Chief Executive Officer of ARIA added: “ARIA and its members believe that this case will be an important step to ensure Australians are accessing their music from sites which contribute to our local industry, so that we can continue investing in talent to make the music we all love.”