James Delahunty
3 Jun 2007 17:22
P2Pnet's Jon Newton recently had contact with Russian MP3 site AllofMP3.com. Record companies accuse AllofMP3 of illegally selling music downloads to international customers. AllofMP3 is known for selling its DRM-free downloads at a fraction of the price iTunes and similar authorized services do. This fact, for a time at least, made AllofMP3 second only to iTunes in the music download market in the UK.
AllofMP3 told p2pnet that is now has 5,500,000 registered users worldwide. When asked about U.S. pressure on the Russian government with regard to Moscow's 13-year-old bid to join the WTO, specifically about the existence of AllofMP3, the response was...
"It is disappointing that United States Trade Representative Susan Schwab completely and deliberately mischaracterized AllofMP3.com. Furthermore, it is irresponsible to use AllofMP3.com as a negotiating instrument in an attempt to extract concessions from Russia in return for US support for accession to the World Trade Organization.Furthermore, the company claims to never have been contacted by the Russian government, Susan Schwab or anybody from the U.S. trade office or from the Recording Industry Association of America (RIAA) or any of the four major record companies. AllofMP3 hopes to keep up with the growth in income and Internet access in Russia to provide "customers a web-friendly site and great functionality at an attractive price point."
AllofMP3.com is a Russian business that is in complete compliance with Russian law."
"The IFPI/ BPI (British Phonographic Industry) turned a person reselling gift certificates into a 'European office of AllOFMP3' in London. After that they initiated the loud 'closure' of this 'office' and an arrest of its mythical 'employee'."As for AllofMP3's explanation for why the service is legal, here it is...
We believe it is legal in Russia under Articles 44 and 45 of the Law of the Russian Federation No. 5351-1 On Copyright and Related Rights dated July 9, 1993, as amended, (the Copyright Law), which authorizes Russian non-profit Russian organizations for collective management of copyrights (Russian Licensing Societies) to grant licenses to entities such as ALLOFMP3. ALLOFMP3 has up-to-date licenses from the Russian Licensing Societies from the Federation of Rights Holders for Collective Management of Copyright with Respect to the Use of Musical Works in Interactive Regime (FAIR) and from the Russian Organization on Collective Management of Rights of Authors and Other Right Holders in Multimedia, Digital Networks & Visual Arts (ROMS).Read the rest of the interview from p2pnet.
Russian Copyright Law allows holders of intellectual property rights to establish non-profit organizations such as ROMS which in its capacity oversees licensing agreements and collects royalties and pays them out to copyright holders, aside from some commissions.
The Russian Copyright Law provides non-profit Russian Licensing Societies with a right to grant licenses and to collect royalties for the use of music without necessarily obtaining permission from the copyright owners.