The Mexican Institute of Industrial Property (IMPI) closed the Velas Vallarta and Grand Velas Nuevo Vallarta hotels for violating the Federal Copyright Law, after being sued by the Society of Composers of Mexico for placing background music with themes without owning the rights owned songs
In this sense, the Society accused the hotels of putting music tracks on screens in the rooms and on loudspeakers in common areas without paying royalties for the author’s songs reproduced.
The hotel chain has not offered a position on the matter, meanwhile, the sanction for this action, of which the Supreme Court of Justice of the Nation (SCJN) gave reason and therefore empowers the IMPI, is 40% of the income of the hotels, which must be transferred to the Company.
Therefore, Grupo Velas, owned by Juan Vela, could lose millions of dollars in the coming weeks if it does not reach a reparation agreement with the plaintiffs.
The SACM state delegate for La Jornada explained that the administrative measure consisted of placing immobilization stamps, for three days, starting this Tuesday, June 28, for all television equipment, speakers for ambient music, as well as for music in I live in the facilities and common areas of an all-inclusive grand tourism hotel, which refuses to comply with the legal mandate established at the national level by the IMPI, regarding the payment of the copyright license.
Although fines of up to 518 thousand pesos (three thousand days’ salary) are established, for using authorial works, live or recorded, whether by foreign national authors and composers, with or without lyrics, by means of devices, DJs, soloists , trios, mariachis, bands, among others, for direct or indirect profit, for not having copyright licenses in order, the general management of the corporate Velas Resorts Mexico, insists on maintaining its position contrary to regularizing its situation legal.
Cota Solís explained that the SACM has as a general policy to “convince the user and not defeat him”, such criteria have not been applied with this hotel chain, since in the Supreme Court of Justice of the Nation there is a firm sentence of a civil lawsuit in favor of his clients, which orders the payment of 40 percent of the profits of the Grand Velas for damages, with retroactivity to several years ago.
Together with my clients we always seek rapprochement, dialogue, negotiation, arrangements, however, everything has been in vain given the criteria of avoiding reaching a good agreement by the legal representatives of the Grand Velas hotel in Riviera Nayarit, said the interviewee .
If they do not agree to comply with the copyright law, the authority will have to continue carrying out inspection and verification visits and if they do not have the respective license, all the equipment will be immobilized again for six days, he concluded.