1, 2, 3, Testing
Written by Belén Sorrentino
In 2019, a first-instance judge ordered Club Atlético All Boys to pay $42,000 (USD 120.86 at the official exchange rate) to SADAIC for the use of music without SADAIC’s authorization in two events, which fell under SADAIC´S category “meals with show”[1]. SADAIC had filed the lawsuit because the club had not paid the royalties for the broadcasting of the music, and because the plaintiff had not been authorized by SADAIC to make lawful use of the music.
The defendant filed an appeal against the first instance judgment, considering that the claim was based on unilateral testimonies of the plaintiff and that the evidence provided did not prove the effective attendance of guests at the events.
While analyzing the arguments of both parties, the Chamber M of the National Civil Court of Appeals determined that Club Atlético All Boys could not complain about the quantification made in the first instance since SADAIC provided as evidence reports from the Government of the City of Buenos Aires from which it appeared that the defendant was granted a permission to hold the events with a certain number of attendees. It argued that the aggrieved party had not provided any other element that could prove the lower or different number of attendees, nor had it suggested any way to account for an analogous value of the tickets.
In conclusion, the Chamber confirmed the first instance ruling since the defendant did not provide any other element that would be useful to determine the actual number of attendees and refused to exhibit its accounting books in order to have access to more precise and accurate information than that provided by the opposing party[2].
The Chamber’s ruling indicates the importance of providing evidence in the judicial process, both to invalidate the opposing party’s evidence and to clarify the facts and that in the event of failure to do so, the evidence provided by the opposing party must be considered.
[1] “SADAIC c/ CLUB ATLETICO ALL BOYS y otros s/ COBRO DE SUMAS DE DINERO” (Expediente Nº 177/2014 Asignación 27/02/2014)
[2] CNCiv., sala M, 10/07/2023. – SADAIC c. Club Atlético All Boys y otros s/ Cobro de sumas de dinero.
For more information: Belén Sorrentino
