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Legal and the Law in Spain

Restaurant fined for copyright infringement for playing music

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The Court in Ciudad Real has fined a restaurant for playing music, not for violation of licencing of the premises, which is often the case, but for violation of intellectual property rights and condemns the owner of a restaurant in Campo de Criptana to pay 1,079.98 euro for playing music in his premises.

The ruling states that the defendant reproduced copyright-protected repertoire on the establishment’s various televisions without authorisation between December 12, 2019 and June 2022.

The judge points out that, when there is a public communication of musical works managed by the management companies, “to the extent that there is an exclusive right for an infringement of intellectual property rights to occur, it would be necessary for the defendant to lack authorisation to the use of the musical repertoire. By not being accredited – he continues – we must understand that an infringement of the right to exploit works has occurred.”

In other words, because the restaurant had no authorisation to play the music, the owner was liable for copyright infingement.

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