Football Institutions Found Liable for Copyright Infringement

By Espinosa Bellido Abogados

The Specialized Chamber on Intellectual Property of the Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi) in Peru has issued a ruling mandating the Peruvian Football Federation and Club Universitario de Deportes to jointly and severally compensate the Peruvian Association of Authors and Composers (Apdayc) due to their involvement in copyright infringement.

The legal dispute stems from a musical performance that occurred in 2019 at Lima's Monumental Stadium, home of the Club Universitario de Deportes, prior to the Copa Libertadores de América final match between Flamengo from Brazil and River Plate from Argentina. According to Apdayc's complaint, the Peruvian Football Federation failed to obtain the requisite authorization for the music and neglected to remunerate the rights holders for the music used.

Indecopi's determination asserts that the Peruvian Football Federation engaged in the public communication of musical works without obtaining the necessary authorization from their respective owners, thereby infringing upon copyright. Additionally, Universitario de Deportes was found to have played a role in facilitating this infringement by providing access to the Monumental Stadium. Consequently, Apdayc filed a complaint against the Peruvian Football Federation as the event organizer and Club Universitario de Deportes as jointly and severally liable parties.

It is important to note that musical performances by artists typically enjoy copyright protection, affording the copyright owner exclusive control over their work. This exclusivity entails that public performance of the music necessitates prior permission from the copyright owner. As part of their exclusive rights, copyright owners are entitled to charge fees for granting such permissions.
Individuals seeking authorization to perform copyrighted works often approach copyright owners directly for licensing. More commonly, copyright owners opt to utilize collective management organizations, such as Adapyc, to administer licenses for their works.