Sabam must rescind fee hike for concerts, says court

A Brussels court has ruled against copyrights organisation Sabam in a case focused on its recent hikes in fees for programming its artists at concerts and festivals. The case was filed by a coalition of concert and festival organisers in Belgium.

The court ruled that Sabam was guilty of unfair marketing practices when it raised the fees associated with programming its musicians by as much as 37%. The new fees came into effect on 1 January 2017.

The coalition of concert organisers and promoters, including big names like Live Nation and Greenhouse Talent, argued that the increase was not commensurate with additional services rendered. The court agreed and ruled that Sabam, which represents artists across many genres but particularly music, must pay €5,000 a day for each day that it does not rescind the new fees, to a €1 million maximum.

It is not the first time that Sabam has been criticised by local organisations for its strict working practices. The organisation charges bars, retail outlets and other workplaces for playing music by artists signed on with them. It has tried to charge lorry drivers for playing music in their cabs, and once charged a library in Dilbeek for story-reading sessions for kids, which it called a public performance of an author’s work.

In 2012, a series of concerts in support of the Ford Genk factory workers was cancelled because Sabam threatened the event with a hefty bill for the use of its musicians – who were volunteering to play. The following year, it launched legal proceedings against Belgium’s internet providers, demanding 3.4% of the fees received from customers because information about their artists were being communicated online. The suit was unsuccessful.

Photo: Jokko/Rock Werchter