Digital Rights Network

Mia Garlick of CC writes:

"Following on from the recent decision in a Dutch Court, Creative Commons licenses have also been implicated in a decision in Spain. The issue in this case was not whether the CC license was enforceable, but instead whether the major collecting society in Spain could collect royalties from a bar that played CC-licensed music.

... in the Fall of 2005, the main Spanish collecting society — Sociedad General de Autores y Editores (“SGAE”) — sued Ricardo Andrés Utrera Fernández, the owner of Metropol, a disco bar located in in Badajoz alleging that he had failed to pay SGAE’s license fee of 4.816,74 € for the period from November 2002 to August 2005 for the public performance of music managed by the collecting society.

On February 17th, 2006, the Lower Court number six of Badajoz, a city in Extremadura, Spain, rejected the collecting society’s claims because the owner of the bar proved that the music he was using was not managed by the society. The music performed in the bar was licensed under CC licenses that allows that public display since the authors have already granted those rights.

...

This case sets a new precedent because previously, every time that the SGAE claimed a license fee from a bar, a restaurant or a shop for public performance of music, the courts have ruled in their favor on the basis that the collecting society represents practically all the authors. This case shows that there is more music that can be enjoyed and played publicly than that which is managed by the collecting societies."