Ricardo began two years ago a battle against the General Society of Authors and Editors (SGAE), he claimed 120 euros per month copyright for works that puts. The collector takes an album that became 500 copies worldwide and summarizes: “They see no SGAE hard and do not understand why have to pay”. Ricardo has made, in a judgment pioneer, the one juez de razón the.
The SGAE sent to local detectives late 2005 he claimed in court 2.391,08 euros for performing “acts of public communication” without authorization from the SGAE, forbidden, according to Intellectual Property Law.
Contacted the attorney Ricardo Vicente Martinez Onsurbe and decided that, instead of paying, would fight in court to set a precedent: SGAE elude despite playing music that is not copyright free. “We present the judge with a list of 400 putting disks Beat Room for the SGAE say how many of these groups have rights, but they would not answer. They do not manage the history of rock and roll but act as if it did”, says the lawyer.
SGAE copyright manages a vast majority of creators (you have 66.000 partners) and so comes to bars, restaurants, nightclubs and weddings. In 2005, entered for this item 69,1 million, a 4,52% more than the previous year and 56 million more than they paid radios, according to its latest report. The 15% delivers what it gives in terms of what most sounds in bars and radios, something that calculates surveys. The SGAE not detail how much you pay each author, is extremely remote and Le Orme receive something.
The magistrate magistrate 4 Ciudad Real, Antonio Mejía Rivera, admits that you can not ask the management entity to prove that “each and every one of musical works used in establishments open to the public are in his repertoire”, but “to provide any evidence”. The judge added that the SGAE only provided the detective's report which states that “sounding music is today without any precision”. According to Ricardo, at the hearing the judge demonstrated his knowledge by asking if he knew Manassas. “The Stephen Stills Band”, said the bar owner.
Throughout, last September, in a judgment pioneer, ground that the judge considered “Beat in Room Tomelloso not communicate, emit or transmit works managed by SGAE, but, instead, musicals of the fifties and sixties, today support only vinyl, that are outside the usual marketing establishments and are not broadcast by radio and / or television broadcast”; Ricardo acquitted and forced to pay the costs SGAE.
This diary (The Country) Friday tried unsuccessfully to obtain the version of the SGAE, but to appeal the decision to the District Court made clear his opinion. In the text, the entity holding (darling with what they say): “If a device or television music player in the establishment and test used to be open to the public this, copyright accrues” although they do not have that author among its affiliates. Also, considered “the repertoire of works managed by SGAE is irrelevant”. Namely, you have to charge regardless of the music being put, and therefore did not come to detail the list of 400 Ricardo discs presented in court.
A curious thing is that few people do so much for the music as Ricardo, obsessive collector: “I lose money organizing concerts with groups only play in Madrid and Tomelloso; spending up 500 euros per month and payment records and that copyright; if it enters the bar a seller of pirated discs because I miss my friend annoys the record store; if someone pays me music I like, I'm nervous until I have the original, and music from the Internet under”, says with conviction.
Extracted entirely of The Country
Why do not I know very well the operation of the SGAE, but some time ago I'm hearing a lot of complaints about their “privileges”.
What we do, SGAE is that power is another group with feet of clay, and it's starting to rain. I would have to change their political attitude, more to protect the creators seems a paramilitary group.