Difference between revisions of "SGAE v. Fernandez"
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Revision as of 18:11, 18 January 2011
Country/Region
Spain
Court name
Lower Court number six of Badajoz
Published
2006/02/17
More decisions in this case
Description
Case 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
