Music broadcasting in professional private offices

With sentence dated October 18, 2010 No. 10901/ 2010, the Court of Milan (specialized section for the intellectual property), granting the recourse filed by a phonographic company, has condemned a dental practice for music broadcasting in the lounge without paying to SCF Phonographic Consortium the fees that the copyright law provides for in favour of the artists and the phonographic producers. The Court of Milan, referring to the sentence of the Court of Justice in relation to the cause C-306/05, has declared that music broadcasting inside a professional private office - like a dental practice - represents a sort of "public utilization", as established by the copyright law (art. 73), and consequently determinates the payoff right in favour of the artists and the phonographic producers. Furthermore, the Court of Milan, has explained that this right arises with the diffusion of the recordings "to a public of people ", irrespective of the nature (public or private) of the place where the music broadcasted.

11/19/2010 | Copyright