'Alternative' music obtained from free download music websites does not entitle SGAE to claim royalties

Proof that the music played in a public establishment is obtainedfrom free download music websites, considered together withother factors such as the fact that the establishment is a non-profitmaking cultural entity and that the music played is exotic andunknown— which the Court describes as ‘alternative’music—is sufficient to avoid the infringement of the publiccommunication copyright, even if it has not been proved thatall the songs played have been downloaded from the websitesin question.