I play music or the radio at the pharmacy: Should I pay the SGAE?

SGAE, music and intellectual property are an interesting and controversial trio. What music can I put on at the pharmacy? What if I turn on the radio? I have to pay? This is what we are going to see in this post.

First of all we must know that SGAE is a private entity dedicated to the defense and collective management of the intellectual property rights of its more than 100,000 partners, under the protection of Intellectual Property Law. It is subject to the administrative guardianship of the Ministry of Education, Culture and Sports and its purpose is that each music creator (author or publisher) who is a member receives an amount that compensate you for the use or utilization of your work by a third party.

Do youhas the pharmacy to pay the SGAE when he plays music?

In the first place, the SGAE has a list of establishments who are obliged to pay and if we go to the F we can't find the pharmacy, but there's a trick because health establishments are included and, according to the Royal Decree 1277/2003 of October 10 of the Ministry of Health and Consumption, the pharmacy is a health establishment. But there is more because the SGAE clarifies that for the purposes of applying the rate, not only those listed in said standard are included, but also those of similar activity or in which medical-related activities are carried out.sanitary, veterinary or related to health and carried out by legally qualified professionals. So, the pharmacy is within the scope of controll of the SGAE.

In view of this, there are several questions:

Does the pharmacy have to pay the SGAE to put the radio on?

If the pharmacy plays the radio with music and that music has copyright, the pharmacy must pay the SGAE. If what you tune in is another channel that only indirectly (advertisements for example) uses music, you must also pay.

Do you have to pay the SGAE to play legally purchased music, whether it is CDs or music purchased online?

Yes, you must pay because when you buy a right you already pay but it is exclusively for private use of the work. If it's music in the pharmacy its use is commercial or public and it is outside the scope for which it was paid and therefore must be paid again.

Do I have to pay the SGAE if Spotify is used?

Yes, because only if we read the terms It is for private use only.

Do I have to pay the SGAE if the pharmacy has piped music?

In that case it will be necessary to see the contract conditions with the supplier of the musical thread. It is necessary to analyze the intellectual property, but you may have to pay.

We solve your particular doubts in our consulting office upon payment of our fees. We advise you and defend your interests in our professional office. Ask without obligation via email at info@farmaciayderecho.com 


2 thoughts on “Pongo música o la radio en la farmacia: ¿Debo pagar a la SGAE?

  1. an author Reply

    There is a curious constant misrepresentation in the article, which is surely not malicious but confusing, it consists of giving the false impression that it is "the SGAE" that promotes these payments and that is not true, it is the Spanish Intellectual Property Law that endorses and is the right of an author to receive financial compensation for the public use of his work that is at the heart of the matter. The statements should be: "You have to pay copyright if ...". (By the way, as it happens in all the countries around us)

    • Isabel Marín Moral Post authorReply

      I do not intend to misrepresent anything, quite the contrary I believe that every author should have their consideration and as an author I know it very well. What I intend to show is that you cannot use spotify, for example, without paying the SGAE or equivalent (since as you know it is not the only one). a greeting

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