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Journal of Intellectual Property Law & Practice Advance Access originally published online on February 19, 2008
Journal of Intellectual Property Law & Practice 2008 3(4):220-221; doi:10.1093/jiplp/jpn010
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© The Author (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

‘Alternative’ music obtained from free download music websites does not entitle SGAE to claim royalties

Ives Jadraque
Grau & Angulo, Spain

Sociedad General de Autores y Editores (SGAE) v Owner of Buena Vistilla Club Social, Madrid Court of Appeal (28th section), 5 July 2007

Proof that the music played in a public establishment is obtained from free download music websites, considered together with other factors such as the fact that the establishment is a non-profit making cultural entity and that the music played is exotic and unknown— which the Court describes as ‘alternative’ music—is sufficient to avoid the infringement of the public communication copyright, even if it has not been proved that all the songs played have been downloaded from the websites in question.

Correspondence: Email: i.jadraque{at}gba-ip.com


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