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SGAE v. Fernandez

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Country/Region

Spain

Court name
Lower Court number six of Badajoz

Published
2006/02/17

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Description
Spanish court dismissed suit by a collecting society when bar owner could prove was playing CC licensed music

Summary
BACKROUND

In the fall of 2005, a Spanish collecting society, the Sociedad General de Autores y Editores (SGAE), sued a disco bar owner, alleging that he had failed to pay SGAE the license fee required for public performances of music managed by the collecting society during the period between November 2002 and August 2005.

RESULT

The Lower Court rejected SGAE's claims because the bar owner had successfully shown that the music he had been playing in his bar was not managed by the collecting society, but was rather licensed by musicians under CC licenses.

TAKE AWAY

Before this decision, the Spanish courts had ruled in favor of SGAE in similar lawsuits under the assumption that the collecting society managed most if not all of the music.

This case set a new precedent in Spain and showed that courts recognize that not all music performed in public will be managed by a collecting society.

European collecting societies are different from those in the US because they take an assignment of rights from the artists.

Decision in Spanish: http://wiki.creativecommons.org/File:Sentencia_metropoli.pdf