In a classic case of “be careful what you ask for…,” a 54-year-old man from Eastern Jutland did not get what he wanted after he appealed a 2024 decision in which he was sentenced to 1.5 years in prison and fined 2.2 million kroner (equivalent to about US$306,000).
After the appeal and subsequent hearings, the sentence for aggravated data fraud and copyright infringement was extended to two years in prison, of which three months must be served.
His company has also been fined 300,000 DKK. The convicted individual must also pay half of the legal costs for the High Court, while the state covers the other half as compensation for the lengthy legal process.
The nature of the offense
The data fraud involved manipulating playback numbers of many musical works registered under his own name on various music streaming services. Through this scheme, he unlawfully received royalties amounting to no less than 3.5 million DKK that should have gone to legitimate musicians. Consequently, the Western High Court confiscated 1.5 million DKK from the convicted and 2 million DKK from his company as restitution.
Several of these works were edited versions of music he had copied from genuine Danish musicians and subsequently released under his own name.
By this decision, the Western High Court in Denmark upheld a district court’s ruling from March 2024 in a case initially reported by the Danish Rights Alliance in 2018 on behalf of its members Koda, IFPI, the Danish Musicians’ Union, and the Danish Artists’ Union.
Rights holders not compensated
The court chose not to address compensation claims by the rights holders, which were instead separated to a civil lawsuit.
“(We) find it deeply regrettable that the compensation claims of rights holders are not included in the case. This results in unnecessary resource consumption for rights holders, the convicted individual, and the judicial system,” said Rights Alliance CEO Maria Fredenslund.
Given that this case has already dragged on since our initial report in 2018, it is unfortunate that it must now continue in civil court. If even a high-profile case like this – where massive fraud has impacted the entire Danish music industry – does not lead to compensation, we fear that in practice, obtaining restitution is not a real possibility for rights holders.”
Further reading
High Court increases sentence in streaming fraud case: Two years in prison and confiscation of 3.5 million DKK. Press release. February 5, 2025. Danish Rights Alliance (Rettighedsalliancen)
Appeal case over extensive music streaming fraud underway. Press release. January 21, 2025. Danish Rights Alliance (Rettighedsalliancen)
Dane to appeal jail and fines for restreaming manipulated copyrighted music. Article. March 22, 2024. by Steven Hawley. Piracy Monitor.
Denmark: E. Jutland man accused of stealing music royalties and of re-publishing the works of others. Article. May 27, 2023. by Steven Hawley. Piracy Monitor.
Why it matters
Sometimes infringement cases play out over the course of years – five years in this case, and counting, since the decision gave limited joy to the rights-holders.
The High Court’s ruling confirms that manipulating music streaming is illegal—and that it must be punished. This is a victory for the artists and rights holders who have been deprived of their royalties,” said Sara Indrio, Chair of the Danish Artists’ Union.
“However, it is problematic that the compensation claims were not part of the case. When massive fraud against the entire Danish music industry does not even result in compensation, it sends a dangerous signal that rights holders may not actually be able to obtain the restitution they are entitled to.”
