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