spanish bar loses case on free music

Spanish caf� loses case on "free music"

A Spanish court in Pontevedra has ruled in favour of the Sociedad

General de Autores y Editores (SGAE) against a caf� named

Direccion000. SGAE initiated action against the cafe to claim

royalties for de public performance of music in the locale, while the

owners claimed that they did not have to pay because they were only

using "free music" under Creative Commons licences.

The caf� lost the case in first instance and appealed on the basis

that the locale has several signs claiming that they had permission to

play free music in the establishment under the terms of CC licences.

However, SGAE was able to prove that the music selection included

artists under their representation.

Perhaps the most worrying paragraph from the case is that which

describes the legal validity of CC licences presented as evidence.

According to the court:

"...it is worth to point out that the document presented by the

defendants-appellants as a licence for free use of music does not

constitute anything other than a mere informative leaflet about its

own content, lacking any form of signature, and therefore bereft of

legal value whatsoever".

I find this worrying because it seems to imply that CC licences are

invalid without a signature, which would spell trouble for their legal

validity in Spain. I would hope that the court was shown the human

readable deed, and not the licence as such.

I do not have sympathy for the caf� owners as it seems to me that they

were playing commercial music while advertising that the locale only

played "musica libre". Still, I am greatly concerned about wider

potential implications with regards to CC contract formation (or

licence formation where applicable).