Nos tenemos que situar en Burgos. El establecimiento en cuestión es un hotel, the hotel Burgos Gate. La Sociedad General de Autores Espanoles le reclamaba 2.157 € for alleged moral and material damages derived from not paying the copyright of the music offered in its musical thread.
The establishment has been acquitted of paying the penalty and costs since, according to the judge, this establishment was able to obtain the music it offered through a free licensing system..
Furthermore, the judge recalled that today there are public domain models and general licenses (creative commons o copyleft) that allow all their content to be used freely and that the only condition for this to be met is to postpone it to the public with the same conditions, esto es, allowing free access and transformation.
To facilitate the task for the gentlemen of the SGAE and, logically, in their favor, jurisprudence has been accepting that, once there is public broadcast of music, it must be presumed to be protected by copyright and that The defendant is the one who must prove that he is not (protected by rights).
Luckily for everyone, the judge has taken into account that there is a “minor jurisprudence”, with sentences from the provincial courts of Seville and Segovia, according to which the hotel cannot be required to “diabolical test” to demonstrate that each and every one of the works that the establishment has issued does not correspond to the works managed by the SGAE.
I take this opportunity to tell you that of the 20 And even more musicians that I know are all against the SGAE, who have never seen a penny and who on top of that have to justify themselves when they play by showing that the songs they have played are theirs ( and then collect the alleged)
Ramoncín, Victor Manuel, etc…This could change soon if people apply common sense, I will stop paying to buy CDs for my photos and you are going to have to start working if you want to stay at the level you are at..
Surely the judge didn't know what he was doing.. He has acted as he should but now he must abide by the consequences of the pressure that the SGAE will exert “moving your cables” through government and other contacts on the.
Here, really, He who is not at all to blame is the most helpless and he who always catches. Within this group, course, I include the musicians. to the real ones, clear.
in the end…A victory for normal people, a defeat for thieves.
info http://www.puertadeburgos.es