The Spanish Data Protection Agency has initiated a sanctioning procedure against the General Society of Authors and Publishers (SGAE) for recording without permission a wedding and bringing the video to a trial, in which it claimed copyright, which can lead to a Fine of up to 300,500 euros.
The SGAE, in the context of its suit against a hall of celebrations in Seville, hired a detective, who slipped into the wedding and recorded the audience dancing to the rhythm of songs allegedly protected by copyright.
The wedding hall was condemned to pay 43,179 euros for copyright on the basis of other peripheral evidence, since the judgment of the court of Mercantil Sevillano declared the video null because it constituted “a clear violation of the constitutional right to privacy and to own Image “even more when it was executed” in secret, when the celebration was already advanced “.
Upon hearing the ruling, the Association for the Protection of Consumer Data (Consudato) denounced the facts to the Data Protection Agency, which has opened a sanctioning file to the SGAE for a possible serious infringement, with a fine drawn from among 60.101 and 300.506 euros .
The resolution, to which Efe has had access, says that the Personal Data Protection Act 1999 states that “the processing of personal data will require the unequivocal consent of the data subject”, which according to the complaint is not Fulfilled in this case.
The resolution says that the video contains images “of a celebration in a closed room where the audience is distinguished and with photo booth hire sydney, and also one of them can be identified”, and there are indications that the personal data were subsequently used “with an infringement Of the principles and guarantees “of the aforementioned law.
Even the SGAE, in its application to the court, announced the delivery of a “detective report, which has attached a video tape,” added the resolution.
Marriage lawyer Joaquín Moeckel told Efe that this file may set precedent since the SGAE, in its fight to obtain the payment of royalties, is bringing to courts of all Spain similar tests recorded by detectives.
The court of Mercantil number 1, in its sentence, said that a wedding is a social event “private, proper and reserved” and can only attend “those who want the contracting parties and are invited”.
Therefore, the court declared unlawful the proof of the video but condemned the room La Doma de San José, located in San Juan de Aznalfarache (Seville), to pay 43,179 euros for copyright.
The ruling was based on the detective’s oral report, which testified that the premises are 350 square meters, which “organizes all kinds of celebrations” and also has environmental music devices, which “makes presumed” the issuance of protected works « As one more service that lends itself to the clientele “.
The SGAE has argued on previous occasions that this type of evidence is “absolutely lawful and in accordance with the law”, but the ruling established that it is an “illegitimate interference” in constitutional rights “to personal, family and personal privacy ‘.