The complain was by a fan of the band ''Fire 'Line'' . The video was posted on YouTube on 13/01/2013, the song is also called "Fireline", and was performed in Rock Cordel 2013, at the Teatro José de Alencar, in Fortaleza, Brazil.
According to the complainant, the intro, instrumental and the vocals were by Timo. So far, Fire 'Line and Timo Tolkki did not comment about the incident, perhaps because it’s very recent, but it’s likely that in the coming days some of the two sides should say something about it, we are left only wait and see the outcome of this possible misunderstanding or an actual case of plagiarism.
Check out the two songs yourself and draw your own conclusions:
Fire’ Line – Fireline
Timo Tolkki's Avalon - Enshrined In My Memory (Official video)
Recalling that under the laws of copyright, who commit plagiarism, may be punished:
"Law No. 9610 OF 19 FEBRUARY 1998.
[...]
Title VII - Chapter II:
Article 102. The holder whose work is fraudulently reproduced, disclosed or otherwise used, may require the seizure of the copies or discontinuation of disclosure, subject to reasonable compensation.
Article 103. Who publishes a literary, artistic or scientific work without the authorization of the holder, for this will lose the copies that are seized and you will pay the price of it has sold.
Single paragraph. Not knowing the number of copies constituting the fraudulent edition, the offender shall pay the amount of three thousand copies, and the copies seized.
Article 104. Who sell, expose for sale, hide, acquire, distribute, use or have on deposit work or phonogram played with fraud, with the purpose of selling, get gain, benefit, advantage, direct or indirect profit to themselves or others, will be severally liable with the infringer under the preceding articles, answering as counterfeiters importer and distributor in case of reproduction abroad.
Article 105. The transmission and retransmission by any means or process and the communication to the public of artistic, literary and scientific interpretations and phonograms, carried out in violation of the rights of the holders thereof, shall forthwith be suspended or interrupted by the competent judicial authority without prejudice daily fine for noncompliance and other applicable damages, regardless of criminal sanctions; sufficient proof that the offender is a repeat violation of the rights of holders of copyright and related rights, the fine may be increased to twice.
Author's opinion: I personally heard the two videos and in my opinion there’s a similarity between the works. As a fan of Timo Tolkki and his whole career, I believe that he isn’t able to do such thing, is enough review everything that he has been created in his former bands, but as seen in two videos there the resemblance, and if we take the law to the letter, it will be reviewed by the production design Timo and co.
by: Diego Silva
