Banco Popular de Puerto Rico v.
Asociacion de Compositores y Editores de Musica Latinoamericana (ACEMLA), 678 F.3d 102 (1st
Cir. May 11, 2012). Banco Popular
produced a series of Christmas concerts from 1993 to 1999 featuring Puerto
Rican musicians. Banco Popular decided
to seek retroactive copyright licenses (performance, mechanical or
synchronization) starting in 1999. Upon
reaching a settlement with one purported licensor, other purported licensors
issued cease and desist letters, each claiming to have exclusive rights in
songs that the first purported licensor purported to own. In 2001, Banco Popular sued for a declaratory
judgment and deposited royalties into court, seeking direction from the court
on who to pay. Various purported
licensors sued for copyright infringement.
Resulting litigations took nine years.
In the middle of a jury trial, one party found new evidence that the
University of Puerto Rico owned one of the copyrights, the district judge
excluded the evidence because it would disrupt the trial. The First Circuit affirmed in all respects,
the byzantine opinion is noteworthy only as a cautionary tale: get the rights and investigate the copyright
holders before you throw the concerts and sell the CDs!
www.dunnington.comPurchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from West here
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