Restaurants and catering venues increasingly showcase themselves on social media, posting images of elegantly set tables, tempting appetizers, and dramatic dessert stations. They often think such posts are harmless free advertising. In reality, those very photos can become evidence in copyright disputes. A noteworthy case from Vigo illustrates this risk: a restaurant was ordered to pay 5,769 euros to the General Association of Authors and Publishers for roughly thirty live musical events held over more than three years. The court placed particular weight on social media publications as part of its reasoning, documenting weddings, baptisms, and other celebrations that featured musical entertainment. The online presence of the venue did not escape scrutiny, especially when it came to documenting activities that took place in the halls of the establishment.
The ruling, which concerns violations of intellectual property rights, reflects a trend seen in Vigo in recent months as the number of such disputes has surged after the COVID pause. In this case, a contract with SGAE had been active since 2007, yet the restaurant took the matter to court over a period from May 2016 to December 2019. The venue admitted that ten weddings with a musical repertoire had occurred during the disputed period, and it agreed to pay 1,680 euros. However, it disputed another 25 incidents that allegedly increased the debt beyond 5,700 euros.
Intellectual property
Between January and April, there were 33 procedures in Vigo related to these matters. After the interruptions in 2020 and 2021, discussions about music rights began to rise again. The totals climbed to 67 for 2022 and 33 so far this year.
Most cases brought by SGAE tend to end in convictions, with few exceptions. The judge considered that the defendants had conducted licensed musical celebrations for many parties, supported not only by the testimony of staff and attendance records but also by online evidence. The court noted that the activities were announced on the internet, including Facebook and Instagram posts, and that these references appeared in the decision and in the broader online forums. The online information corroborated the plaintiff’s claims about a sustained pattern of party celebrations. The proceedings showed that the restaurant favored partial documents and biased statements instead of a comprehensive accounting of finances and contracts with third parties.
televisions in a hotel
Other sanctions from this courthouse involve hotels. In one decision a central-city hotel with televisions in nearly 60 rooms was found liable. The organization argued that the televisions only displayed informational news programs and did not constitute protected works or acts of public communication. The court rejected this narrow view, aligning with contemporary case law that even showing televised content in guest rooms can trigger royalty obligations. The hotel was ordered to compensate for the public display of programming, underscoring that the obligation to pay royalties extends beyond active broadcasting to the mere availability of protected content in guest areas.
The court emphasizes that lawsuits over music rights in hotels, bars, or restaurants fall under the Commercial Court’s jurisdiction. This trend reflects a broader pattern: commercial venues must be aware of licensing requirements, especially when events or presentations involve music or other protected works.
Business continues its forensic activity after COVID break: two lawsuits per week
Back in 2019, the Vigo Special Commercial Court handled about 80 cases filed by SGAE centered on the free reproduction of music in pubs, restaurants, hotels, and event commissions. Over the following years the pace slowed, largely due to the pandemic. In 2020 there were only four new cases, and in 2021 just three. Yet the pause has ended. In 2022, the court logged 67 cases, and by January through April this year there were already 33—a double-digit weekly tempo on average.
SGAE did not stop pursuing claims during the health crisis. It continued to file lawsuits and pursue judgments to recover royalties. The approach included settlements or pre-trial requests aimed at obtaining information for future litigation. The trend shows a shift from a quiet period to renewed activity, with the court generally supporting SGAE’s claims. In Vigo, a few venues have become focal points of this renewed push, including a modest café on Zamora Street, a Canido bar, and an establishment in Camposancos.