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Own A Bar Or Shop, Can I Play Music?

If you own a bar, pub, restaurant or similar, that would depend on your opening licence.
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Besides that, you would need to subscribe to a service that takes care of payment for Author’s rights to publishers, composers and songwriters, in Spain one of the largest is La Sociedad General de Autores y Editores, SGAE, an non-profit association.

• It is dedicated to the defense and collective management of exploitation rights or other patrimonial rights of the intellectual property of authors and publishers.
• According to the data published on its website, it manages a repertoire of more than three million dramatic and choreographic works, musical compositions of all kinds and audiovisuals such as feature films, shorts, documentaries, television series, etc.
• The SGAE issues licenses to users on the works of their repertoires to collect the rights generated by its commercial exploitation, which it distributes among the authors and the musical publishers, discounting exclusively the costs derived from such management.
• It is entitled to exercise the rights entrusted to its management and to enforce them in all kinds of administrative or judicial proceedings.

Among its functions are to issue licenses of the repertoire of authors grouped in the SGAE for exploitation in any type of business: recording on discs, in videographic or multimedia support (CD-ROM, DVD, Blu-Ray), its use in digital networks such as the Internet or mobile telephony and their subsequent commercialization, the public communication of said contents by radio stations, television networks, cable operators, exploitation in theaters, nightclubs, cinematic exhibition venues, hotel or catering businesses any other type open to the public, etc.

SGAE is not the only association of authors and publishers in Spain, nor is it authorized by 100% of copyright owners to manage the use or charge on their behalf; in fact SGAE does not own the copyright and must act in the name of its associates; The SGAE is one of the main groups against “musical piracy” in Spain. The SGAE is also positioned against downloads through P2P networks. Likewise, it claims a reduction of the taxes imposed on discs, from 16% (currently 21%) to 4% VAT.

Similar organisations exist in all European countries.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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