The lawyer explains the legal details around the conflict between the so-called ‘Noise Law’ and Music Bank. Read the interview in ConKdeKpop!
You know that we like to keep you all informed, but with fact-checked information. And even though we have mentioned some details about the Noise Law in regard of Music Bank, we know that we are not, in fact, experts. And what we need right now is information that can be trusted, and professional points of views. That’s why we have contacted a true expert, to shed some light over this nightmare of a topic. Espe Palacio, with expertise in Music Law, and a 15 year long carrer backing her up, has given as her professional point of view about this topic. We would like to thank her for her time and her effort in answering us as soon as posible. And for doing it for dummies. Now, we leave you with what you are really here for: her words.
Could you explain to what extent music is considered noise pollution? Where is the limit?
Music can be noise pollution if it is very loud and bothers the neighbours. What I mean is that the Noise Law sets limits, which are lowe in residential areas and at night. If those limits are surpassed, that noise is considered pollution.
But the time frame for this to happen would be after 11 p.m., according to the law, right?
Indeed, there is a limit set before 11 p.m., and a different one after 11 p.m.. But it looks like with concerts, the levels are twice as high as they should be.
What is the legal difference between a music and a sports event, regarding the Noise Law?
There are no differences between those two events in acoustic terms. Both of them have to comply to the limits that are stablished. However, it is true that the City Council treat these events differently, due to their duration, their periodicity, etc. Even though both of them have to comply to the limit in decibels that is stablished, a concert at a soccer stadium is not considered usual, whereas a soccer match is. That’s the difference.
How much is the compensation that a venue’s owner should give to the concert’s organzation, if that concert is cancelled because of a partial justification?
Here we have several options, depending on the contract. In general, if an event is cancelled due to a partial reason – such as complaints about the noise – the organization could ask for a compensation regarding the expenses generated or harm caused. However, this should be written down in the contract, in a cancelation and reimbursement, or something along the lines, clause. If there is no such thing, it coul be taken in consideration a mediation to stablish percentages or responsabilities amongst the parties involved.
This far, the strategy used by Real Madrid regarding Santiago Bernabéu is linked to this reason. If they don’t cancel, and simply take temporary measures, they can avoid any compensation.
How long before the date of celebration of an event has the venue’s owner to inform the organization team about its cancellation, according to the law?
This aspect has to be also written down in the contract between the two parties – there is no information regarding this in the law.
Legally speaking, if a residential area is side by side a potentially noisy recreational area, is there any legal justification to present legal complaints due to acoustic pollution? Which are the different scenarios we can encounter?
Yes, legal complaints are allowed in this case. If the noise exceeds the legal limits, the neighbours have the right to complain. Consequences can be: fines, changes in how to do the events, or even the cancellation of activities if the law is not followed.
That is, if we are saying that those limits are exceeded after 11 p.m., right?
Or before, if the noise goes beyond [the limit stablished by law]
And a concert goes beyond it easily, true?
Specially in the stadium Santiago Bernabéu, in where there is a lot of echo and reverbaration. In addition, it is not a closed stadium, so the sound inevitably gos to the exterior. Even if they try to use soundproofing materials…
What is the role of the City Council in this case?
The City Council is the authority who regulates, give licenses and vigilates that the law is followed. If it is not, it can fine or give the order for some changes to be made to reduce the noise. In the Bernabéu’s case, such a quick response by authorities is driven by the high-profile stadium, the huge size of the concerts held, and the media and social pressure that the neighbours, and the public opinion, put on them. All these factors have forced the City Council to take decisions faster than in other areas, in where visibility and pressure are little.
Which are the mesures that the organization team of any musical event can take to avoid the acoustic pollution?
They can do nothing more than controlling volume levels, adjusting the schedule…
Music Bank is an event fostered by one of the most popular broadcasting channels in South Korea [KBS]. Having agreements with international entities, the difficulty in arranging the artists’ schedules to put them all together in this festival, and the possible political consequences that this decision can have. All of this can change the Real Madrid’s decision?
The fact that this event is fostered by influential entities, and that the groups are hard to coordinate again, can put more pressure on the management and the decisions around the festival. I mean, it can force a solution or other measures for it to take palce. If it could be ensured that the acoustics limits wouldn’t be exceeded… but that is almost impossible, given the stadium’s size. Though putting extra pressure on them is an option – that, and negotiating paying half-half the fine, in case they are fined.
Last but not least. Imagine that, eventually, the festival is cancelled due to legal infractions. 6th October, several open-air concerts, shows, etc., will take place in the center of Madrid. Why those are green-lighted, while Music Bank isn’t?
There are several factors to take in consideration. In one hand, each event needs different licenses. Concerts held in the Bernabéu stadium are not open-air concerts, and they are not temporal, which the other events aforementioned are. That is why they have ‘exceptional’ licenses. On the ohter hand, we have a complicated matter – the media pressure. At the end of the day, the ones who have more resources and/or knowledge that enable them to put pressure thanks to different legal procedures, can obtein a greater efficiency.
In ConKdeKpop we truly appreciate Espe Palacio taking her time to answer us. We hope this interview is as helpful to you as it was to us to understand better this situation.
Espe Palacio has an Instagram account… so if you are interested in Musical Law, you can follow her here! And we can’t also help recommending to hear her in her latest interview in Buzzkers
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