Spanish courts have upheld three times already the validity of music free licenses. In the three cases, the Sociedad General de Autores (SGAE), Spanish music copyright collecting society, sued some open public premises on alleged rights to the music listened therein.
In all the three cases, the defences demonstrated that the music played was downloaded from the Internet and was under free licenses. The Spanish system presumes that SGAE holds the right to represent all authors, unless the contrary is proven.
The defendants in the three cases proved that the music downloaded from Internet and burnt into CDs was carefully chosen as free licensed music.
In the first resolution, dated on the 2 February 2006, the term "Copy left" appears for first time in a Spanish resolution. The SGAE asked for levies to Ladinamo, a copyfighter cultural association dedicated to spread Copyleft. Ladinamo demonstrated the music played in its premises was Copyleft, so no levy should be paid, which was accepted by Madrid Mercantile Court no. 5. SGAE announced an appeal but finally did not formalize it and the final decision was declared by a further court resolution dated 24 April.
The second case occurred in Badajoz on 17 February where First Instance Court no. 6 ruled the music played in the disco bar Metropol was licensed under Creative Commons. It is clear from the decision that music was downloaded from Internet from diverse websites, although it makes no reference to streaming or burning. As in the Ladinamo case, SGAE lastly did not file the appeal although it also announced it.
On the 30 March, Madrid Mercantile Court no. 1 stated that SGAE was not entitled to claim levies from Buena Vistilla Club Social, another cultural association, as the music performed in its premises was not managed by SGAE. No term Copyleft nor Creative Commons is used in the sentence but the ruling is clear to admit that music downloaded from the Internet and burnt in CDs to allow its public performance should not have any payment as it was proven the authors were not SGAE members nor belonged to another society that had representation agreements with the SGAE.
EDRI - Creative Commons license upheld in Dutch and Spanish courts
(29.03.2006)
http://www.edri.org/edrigram/number4.6/ccdecisions
Full text of the Madrid Mercantile no. 5 court decision (in Spanish only,
02.02.2006)
http://www.derecho-internet.org/node/373
Full text of the Badajoz court decision (in Spanish only, 17.02.2006)
http://www.derecho-internet.org/node/374
Full text of the Madrid Mercantile no. 1 court decision (in Spanish only,
30.03.2006)
http://www.derecho-internet.org/node/375
(Contribution by Javier de la Cueva, digital technology lawyer - Spain)