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Case 3:20-cv-01303 Document 1 Filed 06/29/20 Page 1 of 27
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF PUERTO RICO
`
`
`
`
`
`ORLANDO VALLE
`PLAINTIFF
`
`v.
`
`RAFAEL PINA, JANE DOE, and their
`conjugal partnership, LOS
`MAGNIFIKOS, INC., MAFER
`MUSIC PUBLISHING, INC.,
`SONY/ATV MUSIC PUBLISHING
`LLC;
`
`DEFENDANTS
`
`
`
`Civ. No. 20-
`
`COPYRIGHT
`INFRINGEMENT;
`DECLARATORY
`JUDGMENT;
`BREACH OF
`CONTRACT
`
`PLAINTIFF
`DEMANDS TRIAL BY
`JURY
`
`
`
`
`
`COMPLAINT
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO THE HONORABLE COURT:
`
`
`PLAINTIFF Orlando Valle, (hereinafter “PLAINTIFF”), by and through his undersigned
`
`counsel, alleges the claims set forth in this complaint. PLAINTIFF’s claims as to himself and his own
`
`actions are based on personal knowledge. All other allegations are based upon information and belief.
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`I. JURISDICTION AND PROPER VENUE
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`1. This Honorable Court has original and exclusive jurisdiction over this suit under the U.S.
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`Copyright Act 17 U.S.C. §101 et seq, specifically §§ 106, 504, and 505. Plaintiff also
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`seeks statutory and monetary remedies under the U.S. Copyright Act 17 U.S.C, §§
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`504, and 505.
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`2. Plaintiff seeks a Declaratory Judgment under the United States’ Declaratory Judgment Act,
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`Case 3:20-cv-01303 Document 1 Filed 06/29/20 Page 2 of 27
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`28 U.S. Code § 2201 (a).
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`3. The Court has pendent jurisdiction over all other related claims herein in accordance with
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`28 U.S.C. §1338 (b).
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`4. The action further arises under Articles 1054 and 1230 of the Puerto Rico Civil Code on
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`breach of contract, 31 L.P.R.A. §§ 3451 and 3018.
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`5. It is requested that the United States District Court for the District of Puerto Rico court
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`assume Ancillary Jurisdiction over any matters that arise under the laws cited herein, as
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`they are intimately related and parallel to all original jurisdiction claims under the
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`Copyright and Declaratory Judgment Acts.
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`6. Venue is proper in this district under 28 U.S.C. §1391 and §1400 because Defendants
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`conduct business in Puerto Rico and interstate commerce, and the claims alleged in the
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`Complaint arose in this judicial district.
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`II.
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`THE PARTIES
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`7. Plaintiff Orlando Valle, doing business as part of the musical Group Plan B, is a composer,
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`arranger, and musician, who resides and conducts business in Puerto Rico.
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`8. Defendant Rafael Pina, upon information and belief, resides in Caguas, Puerto Rico and is
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`married to Jane Doe, with whom he forms a conjugal partnership. Under the Copyright
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`law, Defendant Pina is liable in his personal capacity because the Copyright Act imposes
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`strict liability for all infringers.
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`9. Mr. Pina is also liable for fraud under Puerto Rico law in his personal capacity for
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`fraudulently informing the copyright office that he wrote a number of the songs, when he
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`composed none of them.
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`10. Defendant Los Magnifikos Inc. is a corporation that Defendant Pina dissolved on January
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`Case 3:20-cv-01303 Document 1 Filed 06/29/20 Page 3 of 27
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`3, 2019, but which remains liable for its violations of the Copyright Act, fraud and breaches
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`of contract pursuant to the Corporations Law of Puerto Rico.
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`11. Defendant Mafer Music Publishing, Inc. is the corporation to which Defendants Los
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`Magnifikos and Pina purported to transfer Plaintiff’s copyrights in violation of §106 of the
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`copyright law and in breach of his contract with Los Magnifikos.
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`12. Sony/ ATV Music Publishing, LLC is a publisher that is a limited liability company that is
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`a contributory infringer with the other named Defendants in this case. Its physical and
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`postal address is 1111 Lincoln Road, Miami Beach, FL.
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`NATURE OF ACTION
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`13. This action arises under the United States Copyright Act and the Declaratory Judgment Act
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`The suit seeks a declaratory
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`judgment that Plaintiff’s contracts with Los Magnifikos is
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`terminated because of the material breaches and that Defendants have infringed the copyrights
`
`of the songs subject of this Complaint.
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`14. Defendants Pina, Los Magnifikos, Mafer and Sony have infringed Plaintiff’s copyrights listed
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`herein.
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`15. According to the attorney for Pina, Los Magnifikos, and Mafer granted an exclusive
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`administration agreement to Sony/ATV Music Publishing, LLC to manage Plaintiff’s
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`publishing rights after Plaintiff’s contract with Los Magnifikos ended.
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`16. Los Magnifikos’ counsel refuses to produce a copy of that agreement, agreeing only to
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`produce “excerpts” that provide no definitive information.
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`17. Copyright exclusive licensing agreements must be executed in writing.
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`18. Mr. Valle never authorized any such purported agreement with Sony/ATV.
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`Case 3:20-cv-01303 Document 1 Filed 06/29/20 Page 4 of 27
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`19. This conduct by Co-Defendants violates Section 106 of the Copyright Act.
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`20. Plaintiff has never seen the contract between Los Magnifikos and Sony/ATV and is not
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`privy to the terms of this secret agreement that is supposed to govern the administration of
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`his own publishing rights.
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`21. How could Plaintiff authorize an agreement that he has never seen?
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`22. In addition, the suit claims all royalties that have accrued in favor of Mr. Valle, but that
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`remain unpaid as a result of the allegations set forth herein, or, in the alternative, statutory
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`damages, whichever is greater, and attorneys’ fees.
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`FACTS COMMON TO ALL CAUSES OF ACTION
`
`III.
`
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`23. Mr. Valle is a professional musician and musical composer who has formal and practical
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`knowledge of techniques for the recording of audio and the composition of music and
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`musical arrangements.
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`24. On May 10, 2010, Mr. Valle and Mr. Vazquez entered into a publishing contract with Los
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`Magnifikos Publishing, Inc.
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`25. Although the contract states Los “Magnificos” Publishing, Inc., co-Defendant Pina
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`registered and subsequently dissolved the corporation as “Los Magnifikos, Inc.
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`26. The contract has an initial term of three years, which Los Magnifikos had the option to
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`extend for an additional year.
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`27. Los Magnifikos extended the contract for the fourth year, so the publishing contract
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`between Valle and Los Magnifikos ended on May 9, 2014.
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`28. The contract provides that Los Magnifikos can only assign any right under the contract
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`only with the prior consent of Messrs. Valle and Vazquez.
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`29. On information and belief, Los Magnifikos has assigned the rights to a number of songs
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`Case 3:20-cv-01303 Document 1 Filed 06/29/20 Page 5 of 27
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`with copyrights registered in Valle’s name to Sony/ATV. Exhibits 1-19
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`30. The publishing contract provides that Los Magnifikos is to provide a semi annual
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`accounting of all the monies collected on behalf of Messrs. Valle and Vazquez.
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`31. Los Magnifikos has never provided any accounting as the contract provides.
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`32. Los Magnifikos has not made any payment pursuant to the publishing contract since 2017.
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`33. Los Magnfikos transferred its interest in its contract with Valle without his consent to Mafir
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`Music Publishing.
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`34. Sony/ATV has no rights in any of Mr. Valle’s Compositions because Los Magnifikos’
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`failure to account to Mr. Valle under the Publishing Agreement or pay Mr. Valle
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`(artistically known as Chencho) any monies at all since 2017 constitutes both a material
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`breach of the Publishing Agreement and a total failure of consideration for any transfer.
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`35. By representing itself as the publisher and copyright owner of the Compositions and by
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`exercising the rights of a copyright owner of the Compositions, Sony/ATV has infringed
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`Mr. Valle’s copyrights in numerous songs.
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`36. All of the songs listed herein that Defendants are infringing are available; have been
`
`downloaded; and continue to be streamed on YouTube and all other music digital
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`platforms.
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`37. Mr. Valle has received none of the money generated from the songs listed herein from any
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`musical digital platforms or from physical compact discs or video sold.
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`38. The breaches of the publishing contract committed by Los Magnifikos and Mr. Pina are
`
`sufficiently material to rescind the contract and permit Mr. Valle to make the allegations
`
`of copyright infringement he makes herein.
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`The Individual Songs
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`“Zapatito Roto”
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`Case 3:20-cv-01303 Document 1 Filed 06/29/20 Page 6 of 27
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`39. Los Magnifikos listed itself as the copyright claimant on “Zapatito Roto” with registration
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`number PA0002028815 on June 29, 2016. See Exhibit 1, the “Zapatito Roto” registration.
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`40. Valle is listed as the first co-author of “Zapatito Roto”. Id.
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`41. Los Magnifikos alleges that it assigned exclusive administration rights to co-Defendant
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`Sony/ATV Music Publishing, LLC to manage the publishing aspects of the song without
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`Valle’s written consent in violation of the May 10, 2010 Agreement and Section 106 of the
`
`Copyright Law. Id. as to the registration.
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`42. Sony/ATV Music Publishing knew or should have known that Los Magnifikos transferred
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`“Zapatito Roto” Feat to Sony in violation of Los Magnifikos’ agreement with Valle.
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`43. Rafael Pina fraudulently claim himself as an author of “Zapatito Roto.”
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`44. As of June 27, 2020, “Zapatito Roto” had been viewed on YouTube more than 26 million
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`times. During the last three (3) years, Mr. Valle has not received synchronization or
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`mechanical royalties from the streaming generated through You Tube nor from other
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`digital platforms.
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`45. “Zapatito Roto” is currently available for streaming on Spotify.
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`46. “Zapatito Roto” is currently available for streaming on Apple Music.
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`47. “Zapatito Roto” is currently available for streaming on Deezer.
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`48. “Zapatito Roto” is currently available for streaming on Play Music.
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`49. “Zapatito Roto” is currently available for streaming on iHeart Radio.
`
`50. “Zapatito Roto” is currently available for download from Amazon for $1.29.
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`“Soy y Seré”
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`51. Los Magnifikos registered “Soy y Seré”, with Registration Number PA0002028807 on
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`June 29, 2016. See Exhibit 2.
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`52. Mr. Valle is listed as the first co-author of “Soy y Seré”. Id.
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`Case 3:20-cv-01303 Document 1 Filed 06/29/20 Page 7 of 27
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`53. Co-Defendant Los Magnifikos alleges that it assigned exclusive administration rights to
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`Sony/ATV Music Publishing to manage “Soy y Seré” without Valle’s written consent in
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`violation of the May 10, 2010 agreement and Section 106 of the Copyight Law. Id. as to
`
`the registration.
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`54. Mr. Valle wrote “Soy y Seré” after his contract with Los Magnifikos ended.
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`55. As of June 27, 2020, “Soy and Seré” had been viewed on YouTube more than 27 million
`
`times. During the last three (3) years, Mr. Valle has not received synchronization or
`
`mechanical royalties from the streaming generated through You Tube nor from other
`
`digital platforms.
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`56. “Soy y Seré” is currently available for streaming on Spotify.
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`57. “Soy y Seré” is currently available for streaming on Apple Music.
`
`58. “Soy y Seré” is currently available for streaming on Deezer.
`
`59. “Soy y Seré” is currently available for streaming on Play Music.
`
`60. “Soy y Seré” is currently available for streaming on iHeart Radio.
`
`61. “Soy y Seré” is available for download from Amazon.
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`“Satiro”
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`62. Los Magnifikos registered “Satiro” on June 29, 2016 with the Registration Number
`
`PA0002028825. Exhibit 3.
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`63. Mr. Valle is listed as the first co-author. Id.
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`64. Co-Defendant Los Magnifikos transferred exclusive administration rights to Sony/ATV
`
`Music Publishing to manage the song without Mr. Valle’s written consent in violation of
`
`the May 10, 2010 agreement and Section 106 of the Copyright Law. Id. as to the
`
`registration.
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`65. As of June 27, 2020, “Satiro” has been viewed on YouTube more than 14 million times.
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`Case 3:20-cv-01303 Document 1 Filed 06/29/20 Page 8 of 27
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`During the last three (3) years, Mr. Valle has not received synchronization or mechanical
`
`royalties from the streaming generated through You Tube nor from other digital platforms.
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`66. “Satiro” is currently available for streaming on Spotify.
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`67. “Satiro” is currently available for streaming on Apple Music.
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`68. “Satiro” is currently available for streaming on Deezer.
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`69. “Satiro” is currently available for streaming on Play Music.
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`70. “Satiro” is currently available for streaming on iHeart Radio.
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`71. “Satiro” is available for download from Amazon.
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`“Piquete”
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`72. Los Magnifikos registered “Piquete” on July 26, 2016 with the registration number
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`PA00020155409. Exhibit 4.
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`73. Mr. Valle is listed as a co-author. Id.
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`74. Los Magnifikos claimed the work was created in 2015. Id.
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`75. Los Magnifikos is also identified as a copyright claimant that transferred its interest to
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`Sony/ATV. Such transfer violated Los Magnifikos’ contract with Mr. Valle and Section
`
`106 of the Copyright Law since it was done without his written consent. Id. as to the
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`registration.
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`76. As of June 27, 2020, “Piquete” had been viewed on YouTube more than 16 million times.
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`During the last three (3) years, Mr. Valle has not received synchronization or mechanical
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`royalties from the streaming generated through You Tube nor from other digital platforms.
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`77. “Piquete” is currently available for streaming on Spotify.
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`78. “Piquete” is currently available for streaming on Apple Music.
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`79. “Piquete” is currently available for streaming on Deezer.
`
`80. “Piquete” is currently available for streaming on Play Music.
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`Case 3:20-cv-01303 Document 1 Filed 06/29/20 Page 9 of 27
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`81. “Piquete” is currently available for streaming on iHeart Radio.
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`82. “Piquete” is available for download from Amazon.
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`“Pa’l Piso”
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`83. Los Magnifikos registered “Pa’l Piso” on June 29, 2016 with the registration number
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`PA0002028793. Exhibit 5.
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`84. Mr. Valle is listed as co-author. Id.
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`85. Los Magnifikos states that it has assigned an exclusive administration agreement to
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`Sony/ATV to manage “Pa’l Piso”. Such transfer violates Los Magnifikos’ contract with
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`Mr. Valle as well as Section 106 of the Copyright Act since it was done without his written
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`consent. Id. as to the registration.
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`86. As of June 27, 2020, “P’al Piso” had been viewed on YouTube more than 22 million times.
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`During the last three (3) years, Mr. Valle has not received synchronization or mechanical
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`royalties from the streaming generated through You Tube nor from other digital platforms.
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`87. “P’al Piso” is currently available for streaming on Spotify.
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`88. “P’al Piso” is currently available for streaming on Apple Music.
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`89. “P’al Piso” is currently available for streaming on Deezer.
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`90. “P’al Piso” is currently available for streaming on Play Music.
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`91. “P’al Piso is currently available for streaming on iHeart Radio.
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`92. “P’al Piso” is available for download from Amazon.
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`“Olvidar Que Somos Amigos”
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`93. Los Magnifikos registered “Olvidar que Somos Amigos” with registration number
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`PA0002041518 on July 19, 2016. Exhibit 6.
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`94. Mr. Valle is listed as a co-author.
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`95. In violation of its contract with Mr. Valle and Section 106 of the Copyright Act, Los
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`Case 3:20-cv-01303 Document 1 Filed 06/29/20 Page 10 of 27
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`Magnifikos assigned an exclusive administration agreement to Sony/ATV to manage the
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`song without Mr. Valle’s written consent. Id. as to the registration.
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`96. Co-defendant Pina fraudulently identified himself as an author of “Olvidar Que Somos
`
`Amigos.”
`
`97. As of June 27, 2020, “Olvidar Que Somos Amigos” has been downloaded more than ten
`
`million times on YouTube. During the last three (3) years, Mr. Valle has not received
`
`synchronization or mechanical royalties from the streaming generated through You Tube
`
`nor from other digital platforms.
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`98. “Olvidar Que Somos Amigos” is currently available for streaming on Spotify.
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`99. “Olvidar Que Somos Amigos” is currently available for streaming on Apple Music.
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`100. “Olividar Que Somos Amigos” is currently available for streaming on Deezer.
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`101. “Olvidar Que Somos Amigos” is currently available for streaming on Play Music.
`
`102. “Olvidar Que Somos Amigos” is currently available for streaming on iHeart Radio.
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`103. “Olvidar Que Somos Amigos” is available for download from Amazon.
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`“Coquetea”
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`104. Los Magnifikos registered “Coquetea” on June 29, 2016 with the registration number
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`PA0002020. Exhibit 7.
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`105. Mr. Valle is listed as a co-author. Id.
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`106. In violation of its contract with Valle and Section 106 of the Copyright Act, Los Magnifikos
`
`transferred exclusive administration rights over the song to Sony/ATV without Mr. Valle’s
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`written consent. Id. as to the registration.
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`107. As of June 27, 2020, “Coquetea” has been viewed more than 19 million times on YouTube.
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`During the last three (3) years, Mr. Valle has not received synchronization or mechanical
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`royalties from the streaming generated through You Tube nor from other digital platforms.
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`108. “Coquetea” is currently available for streaming on Spotify.
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`109. “Coquetea” is currently available for streaming on Apple Music.
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`110. “Coquetea” is currently available for streaming on Deezer.
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`111. “Coquetea” is currently available for streaming on Play Music.
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`112. “Coquetea” is currently available for streaming on iHeart Radio.
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`113. “Coquetea” is available for download from Amazon.
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`“Dame Una Noche”
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`114. Los Magnifikos registered “Dame Una Noche” on June 29, 2019 with Registration Number
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`PA0002028820. Exhibit 8.
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`115. Mr. Valle is listed as a co-author.
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`116. In violation of its contract with Valle and Section 106 of the Copyright Act, Los Magnifikos
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`transferred exclusive administration rights over the song to Sony/ATV without Mr. Valle’s
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`written consent. Id. as to the registration.
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`117. Mr. Valle created “Dame Una Noche” after his contract with Los Magnifikos ended.
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`118. The registration states that the date of the creation of “Dame Una Noche” is 2015. Id.
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`119. As of June 27, 2020, “Dame Una Noche” has been viewed more than 23 million times on
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`YouTube. During the last three (3) years, Mr. Valle has not received synchronization or
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`mechanical royalties from the streaming generated through You Tube nor from other
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`digital platforms.
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`120. “Dame Una Noche” is currently available for streaming on Spotify.
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`121. “Dame Una Noche” is currently available for streaming on Apple Music.
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`122. “Dame Una Noche” is currently available for streaming on Deezer.
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`123. “Dame Una Noche” is currently available for streaming on Play Music.
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`124. “Dame Una Noche” is currently available for streaming on iHeart Radio.
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`125. “Dame Una Noche” is available for download from Amazon.
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`“Mi Vecinita”
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`126. Los Magnifikos registered “Mi Vecinita” on June 29, 2016 with Registration Number
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`PA002028802. Exhibit 9.
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`127. Mr. Valle is listed as a co-author.
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`128. In violation of its contract with Mr. Valle and Section 106 of the Copyright Act, Los
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`Magnifikos transferred exclusive administration rights over the song to Sony/ATV without
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`Valle’s written consent. Id. as to the registration.
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`129. As of June 27, 2020, Mi Vecinita has been viewed more than 496 million times on
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`YouTube. During the last three (3) years, Mr. Valle has not received synchronization or
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`mechanical royalties from the streaming generated through You Tube nor from other
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`digital platforms.
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`130. “Mi Vecinita” is currently available for streaming on Spotify.
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`131. “Mi Vecinita” is currently available for streaming on Apple Music.
`
`132. “Mi Vecinita” is currently available for streaming on Deezer.
`
`133. “Mi Vecinita” is currently available for streaming on Play Music.
`
`134. “Mi Vecinita” is currently available for streaming on iHeart Radio.
`
`135. Mi Vecinita” is currently available for download from Amazaon for $1.29.
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`“Choca”
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`136. Los Magnifikos registered “Choca” with Registration Numbers PA0002028792 on June
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`29, 2016. Exhibit 10.
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`137. Mr. Valle is listed as a co-author.
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`138. In violation of Section 106 of the Copyright Act, and its contract with Mr. Valle, Los
`
`Magnifikos transferred exclusive administration rights of the songs to Sony/ATV without
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`Valle’s written consent. Id. as to the registration.
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`139. As of June 27, 2020, “Choca” had been viewed more than 241 million times on YouTube.
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`During the last three (3) years, Mr. Valle has not received synchronization or mechanical
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`royalties from the streaming generated through You Tube nor from other digital platforms.
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`140. “Choca” is currently available for streaming on Spotify.
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`141. “Choca” is currently available for streaming on Apple Music.
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`142. “Choca” is currently available for streaming on Deezer.
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`143. “Choca” is currently available for streaming on Play Music.
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`144. “Choca” is currently available for streaming on iHeart Radio.
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`145. “Choca” is currently available for download from Amazon for $1.29.
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`
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`“Candy”
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`146. Los Magnifikos registered “Candy” with Registration Number PA0002028824 on June 29,
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`2016. Exhibit 11.
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`147. Valle is listed as co-author.
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`148. In violation of its contract with Valle, Los Magnifikos transferred exclusive administration
`
`rights over the song to Sony/ATV without Valle’s written consent. Id. as to the registration.
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`149. Co-Defendant Pina fraudulently identified himself as an author of “Candy.”
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`150. As of June 27, 2020, “Candy” had been viewed more than 241 million times on YouTube.
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`During the last three (3) years, Mr. Valle has not received synchronization or mechanical
`
`royalties from the streaming generated through You Tube nor from other digital platforms.
`
`151. “Candy” is currently available for streaming on Spotify.
`
`152. “Candy” is currently available for streaming on Apple Music.
`
`153. “Candy” is currently available for streaming on Deezer.
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`Case 3:20-cv-01303 Document 1 Filed 06/29/20 Page 14 of 27
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`154. “Candy” is currently available for streaming on Play Music.
`
`155. “Candy” is currently available for streaming on iHeart Radio.
`
`156. “Candy” is currently available for download from Amazon for $1.29.
`
`“Fronteo”
`
`157. Los Magnifikos registered “Fronteo” with Registration Number PA0002028790 on June
`
`29, 2016. Exhibit 12.
`
`158. Mr. Valle is listed as co-author. Id.
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`159. In violation of Section 106 of the Copyright Act and its contract with Mr. Valle, Los
`
`Magnifikos transferred exclusive administration rights over the song to Sony/ATV without
`
`Valle’s written consent. Id. as to the registration.
`
`160. As of June 27, 2020, “Fronteo” had been viewed more than 95 million times on YouTube.
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`During the last three (3) years, Mr. Valle has not received synchronization or mechanical
`
`royalties from the streaming generated through You Tube nor from other digital platforms.
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`161. “Fronteo” is currently available for streaming on Spotify.
`
`162. “Fronteo” is currently available for streaming on Apple Music.
`
`163. “Fronteo” is currently available for streaming on Deezer.
`
`164. “Fronteo” is currently available for streaming on Play Music.
`
`165. “Fronteo” is currently available for streaming on iHeart Radio.
`
`166. “Fronteo” is currently available for download from Amazon for $1.29.
`
`“No Quiero Que Te Vayas”
`
`167. Los Magnifikos registered “No Quiero Que Te Vayas” with Registration Number
`
`PA0002028801 on June 29, 2016. Exhibit 13.
`
`168. Mr. Valle is listed as co-author. Id.
`
`169. In violation of Section 106 of the Copyright Act and its contract with Mr. Valle, Los
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`Case 3:20-cv-01303 Document 1 Filed 06/29/20 Page 15 of 27
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`Magnifikos transferred exclusive administration rights over the song to Sony/ATV without
`
`Mr. Valle’s written consent. Id. as to the registration.
`
`170. As of June 27, 2020, “No Quiero Que Te Vayas” had been viewed more than 59 million
`
`times on YouTube. During the last three years, Mr. Valle has not received synchronization
`
`or mechanical royalties from the streaming generated through You Tube nor from other
`
`digital platforms.
`
`171. “No Quiero Que Te Vayas is currently available for streaming on Spotify.
`
`172. “No Quiero Que Te Vayas is currently available for streaming on Apple Music.
`
`173. “No Quiero Que Te Vayas is currently available for streaming on Deezer.
`
`174. “No Quiero Que Te Vayas is currently available for streaming on Play Music.
`
`175. “No Quiero Que Te Vayas is currently available for streaming on iHeart Radio.
`
`176. “No Quiero Que Te Vayas is currently available for download from Amazon for $1.29.
`
`“¿Dónde Los Consigo?”
`
`177. Los Magnifikos registered “¿Dónde Los Consigo?” With Registration Number
`
`PA0002028806 on June 29, 2016. Exhibit 14.
`
`178. Mr. Valle is listed as a co-author. Id.
`
`179. In violation of Section 106 of the Copyright Action and its contract with Mr. Valle, Los
`
`Magnifikos transferred exclusive administration rights over the song to Sony/ATV without
`
`Mr. Valle’s written consent. Id. as to the registration.
`
`180. As of June 27, 2020, “Donde Los Consigo?” had been viewed more than 48 million times
`
`on YouTube. During the last three years, Mr. Valle has not received synchronization or
`
`mechanical royalties from the streaming generated through You Tube nor from other
`
`digital platforms.
`
`181. “¿Donde Los Consigo?” is currently available for streaming on Spotify.
`
`
`
`-- 15 --
`
`

`

`Case 3:20-cv-01303 Document 1 Filed 06/29/20 Page 16 of 27
`
`182. “¿Donde Los Consigo?” is currently available for streaming on Apple Music.
`
`183. “¿Donde Los Consigo?” is currently available for streaming on Deezer.
`
`184. “¿Donde Los Consigo?” is currently available for streaming on Play Music.
`
`185. “¿Donde Los Consigo?” is currently available for streaming on iHeart Radio.
`
`186. “¿Donde Los Consigo?” is currently available for download from Amazon for $1.29.
`
`“El Matadero”
`
`187. Los Magnifikos registered “El Matadero” with Registration Number PA0002028800 on
`
`June 29, 2019. Exhibit 15.
`
`188. Mr. Valle is listed as co-author.
`
`189. In violation of Section 106 of the Copyright Act and its contract with Mr. Valle, Los
`
`Magnifikos transferred exclusive administration rights over the song to Sony/ATV without
`
`Mr. Valle’s written consent. Id. as to the registration.
`
`190. As of June 27, 2020, “El Matadero” had been viewed more than 32 million times on
`
`YouTube. During the last three years, Mr. Valle has not received synchronization or
`
`mechanical royalties from the streaming generated through You Tube nor from other
`
`digital platforms.
`
`191. “El Matadero” is currently available for streaming on Spotify.
`
`192. “El Matadero” is currently available for streaming on Apple Music.
`
`193. “El Matadero” is currently available for streaming on Deezer.
`
`194. “El Matadero” is currently available for streaming on Play Music.
`
`195. “El Matadero” is currently available for streaming on iHeart Radio.
`
`196. “El Matadero” is currently available for download from Amazon for $1.29.
`
`“Dobla Una Rodilla”
`
`197. Los Magnifikos registered “Dobla Una Rodilla” with Registration Number PA0002039708
`
`
`
`-- 16 --
`
`

`

`Case 3:20-cv-01303 Document 1 Filed 06/29/20 Page 17 of 27
`
`on July 19, 2016. Exhibit 16.
`
`198. Mr. Valle is listed as a co-author.
`
`199. In violation of Section 106 of the Copyright Act and its contract with Mr. Valle, Los
`
`Magnifikos transferred exclusive administration rights over the song to Sony/ATV without
`
`Mr. Valle’s written consent. Id. as to the registration.
`
`200. As of June 27, 2020, “Doble Una Rodilla” had been viewed more than five million times
`
`on YouTube. During the last three years, Mr. Valle has not received synchronization or
`
`mechanical royalties from the streaming generated through You Tube nor from other
`
`digital platforms.
`
`“Fanatica Sensual”
`
`201. Los Magnifikos registered “Fanatica Sensual” with Registration Number 2028799 on June
`
`29, 2016. Exhibit 17.
`
`202. Mr. Valle is listed as co-author.
`
`203. In violation of Section 106 of the Copyright Action and its contract with Mr. Valle, Los
`
`Magnifikos transferred exclusive administration rights over the song to Sony/ATV without
`
`Mr. Valle’s written consent. Id. as to the registration.
`
`204. As of June 27, 2020, “Fanatica Sensual” had been viewed more than 376 million times on
`
`YouTube. During the last three years, Mr. Valle has not received synchronization or
`
`mechanical royalties from the streaming generated through You Tube nor from other
`
`digital platforms.
`
`205. “Fanatica Sensual” is currently available for streaming on Spotify.
`
`206. “Fanatica Sensual” is currently available for streaming on Apple Music.
`
`207. “Fanatica Sensual” is currently available for streaming on Deezer.
`
`208. “Fanatica Sensual” is currently available for download from Amazaon for $1.29.
`
`
`
`-- 17 --
`
`

`

`Case 3:20-cv-01303 Document 1 Filed 06/29/20 Page 18 of 27
`
`“Love and Sex CD”
`
`209. Los Magnifikos registered the “Love and Sex” with Registration Number PA0002088026
`
`on June 29, 2016. Exhibit 18.
`
`210. Mr. Valle is listed as a co-author. Id.
`
`211. In violation of Section 106 of the Copyright Action and its contract with Mr. Valle, Los
`
`Magnifikos transferred exclusive administration rights over the song to Sony/ATV by
`
`written agreement without Mr. Valle’s written consent. Id. as to the registration.
`
`212. The registration states that the creation date is 2015.
`
`213. As of June 27, 2020, “Love and Sex” had been downloaded more than 27 million times on
`
`YouTube. During the last three years, Mr. Valle has not received synchronization or
`
`mechanical royalties from the streaming generated through You Tube nor from other
`
`digital platforms.
`
`214. Amazon sells the “Love and Sex” CD for $9.98.
`
`215. Amazon sells the “Love and Sex” MP3 for $9.49.
`
`216. “Love and Sex” is available for streaming from Spotify.
`
`217. “Love and Sex” is currently available for streaming on Apple Music.
`
`218. “Love and Sex” is currently available for streaming on Deezer.
`
`219. “Love and Sex” is currently available for streaming on Google Play.
`
`220. “Love and Sex” is currently available for streaming on iHeart Radio.
`
`FIRST CAUSE OF ACTION
`
`DECLARATORY JUDGMENT ACT, 28 U.S. CODE § 2201 (A).
`
`258.
`
`Plaintiff re-alleges and incorporates herein each and every allegation contained in the
`
`preceding paragraphs as as if set forth herein.
`
`259.
`
`Plaintiff asks the Court for a Declaratory Judgment that Los Magnifikos’ breaches of
`
`
`
`-- 18 --
`
`

`

`Case 3:20-cv-01303 Document 1 Filed 06/29/20 Page 19 of 27
`
`contract were sufficiently material enough to rescind the contract and afford Plaintiff the right to sue for
`
`copyright infringement.
`
`260. Mr. Valle asks the Court for a Declaratory Judgment that he is an author and owner of the
`
`subject compositions due to Los Magnifikos’ material breach of its agreement with him.
`
`261. Mr. Valle asks the Court for a Declaratory Judgment that he owns his respective
`
`percentage in each of to the Joint Works.
`
`262.
`
`263. Mr. Valle askst hat the Court enter Declaratory Judgment, pursuant to the Federal
`
`Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202 and the Copyright Act 17 U.S.C. §§ 101, et
`
`seq., that co-Defendants Sony/ATV and Mafer Music Publishing, Inc. contributorily infringed Mr.
`
`Valle’s copyrights;
`
`
`
`
`
`SECOND CAUSE OF ACTION
`
`COPYRIGHT INFRINGEMENT 17 U.S.C §§ 106, 504, 505
`
`263.Mr. Valle re-alleges and incorporates the preceding paragraphs as if restated in full here.
`
`264.Co-Defendants Pina, Los Magnifikos, Inc., Mafer Music Publishing, Inc. and Sony ATV
`
`have willingly, knowingly and without authorization produced, performed,
`
`synchronized, transmitted, retransmitted, sold and marketed or caused to produce,
`
`synchronize, transmit, retransmit, perform, sell and market Valle’s songs, benefiting
`
`from his musical works, while infringing his copyrights because Los Magnifikos’
`
`breaches of its contract with Mr. Valle were material.
`
`265.Mr. Valle asks this Court to order Los Magnifikos, Inc. and/or Pina to produce a full
`
`copy of its contract with Sony/ATV Music Publishing, LLC and any other music
`
`
`
`distributor to which Los Magnifikos, Inc. has transferred any interest in any of the songs
`-- 19 --
`
`

`

`Case 3:20-cv-01303 Documen

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