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Alicea v. Los Benjamins

Alicea v. Los Benjamins

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Published by: jeanvidalpr on Aug 18, 2011
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08/18/2011

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1
UNITED STATES DISTRICT COURTDISTRICT OF PUERTO RICO
CIVIL ACTION NO.:ANGEL MARTINEZ ALICEA )(p/k/a RUF EL FANTAZTIKO), )REYNALDO COLON VEGA )(p/k/a LIMITS), )RAUL RIVERA ROLDAN )(p/k/ 
a “THILO”
), AND )FREDDY MONTALVO, ))Plaintiffs ))v. ))
LT’S BENJAMIN RECORDS, INC.,
)FRANCISCO SALDANA (p/k/a LUNY), )VICTOR CABRERA (p/k/a TUNES), )MACHETE MUSIC, EMI MUSIC )PUBLISHING, UMG RECORDINGS, INC.,)RAMON AYALA pka DADDY YANKEE )LOS CANGRIS PUBLISHING, )WHITE KRAFT MUSIC PUBLISHING, )EL CARTEL RECORDS )UNIVERSAL MUSIC PUBLISHING )GROUP )Defendants
AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL
The Plaintiffs, Angel Martinez Alicea (p/k/a Ruf El Fantaztiko), Reynaldo Colon Vega(p/k/a Limits),
Raul Roldan Rivera (p/k/a/”Thilo”),
and Freddy Montalvo (collectively(
“Plainitiffs”), by and through their attorney, for their complaint
, allege, upon knowledge and
upon information and belief, the following against defendants, LT’S Benjamin Records, Inc.,
 Francisco Saldana (p/k/a Luny), Victor Cabrera (p/k/a Tunes), Machete Music Inc., UMGRecordings, Inc., EMI Music Publishing, White Kraft Publishing, El Cartel Records, Los
Case 3:11-cv-01795 Document 1 Filed 08/12/11 Page 1 of 20
 
2Cangris Publishing, Universal Music Publishing Group, Ramon Ayala (pka Daddy Yankee)
(collectively, “Defendants”):
 
NATURE OF THE ACTION
This is a civil action for breach of contract, fraudulent inducement of services, unjustenrichment, false designation of origin under the Lanham Act, copyright infringement, and anaction for declaratory judgment under Rule 57 of the Federal Rules of Civil Procedure.
NATURE OF THE ACTION
1.
 
Among other relief, plaintiffs seek a declaration of joint authorship and an accounting of all relevant sales on behalf of Plaintiffs, the authors, creators, composers, producers,arrangers, performers and copyright owners of original musical compositions entitled,
“MSN,” “Ella Me Amo,”
 
“Carita Bonita”, “La Carta”
,
“Dimelo”, “Al Desnudo”, and“Te Hice Volar”,
which were included
as musical tracks on the album entitled, “
LunyTunes Presents:
Erre XI”
 
and the musical composition entitled “Salgo Pa La Calle” (the
Daddy Yankee Composition), which was included as musical track number seven (7) on
the album entitled, “Talento De Barrio” and in the film also
 
entitled, “Talento DeBarrio”.
 2.
 
Defendants, jointly and/or severally, willfully and intentionally: (i) manufactured,distributed, used, commercialized, sold and otherwise exploited the Musical Works,containing the original underlying musical compositions, including, but not limited to thosecompositions contained in Talento de Barrio and Erre XI
(the “Original Compositions”) of 
the Plaintiffs without acknowledging joint ownership; (ii) falsely identified themselves as thesole authors, creators, composers, producers, arrangers, performers and copyright owners of the Original Compositions; (iii) induced and/or caused various third parties, including, butnot limited to, various radio stations and theatrical outlets to broadcast, publicly perform and
Case 3:11-cv-01795 Document 1 Filed 08/12/11 Page 2 of 20
 
3otherwise exploit the Joint Musical Works throughout the United States and overseas and hasfailed to disclose and pay to plaintiffs their rightful share, (iv) unlawfully profited from theauthorized and unauthorized manufacturing, distribution, use, commercialization, sale,broadcasting, public performance and other exploitation of the Musical Works, containingthe Original Compositions; and (v) deprived the Plaintiffs of substantial income, proceeds,fees, royalties and other remuneration directly and/or indirectly related to the distribution,use, commercialization, sale, broadcasting, public performance, licensing and otherexploitation of the Musical Works, containing the Original Compositions
.
3.
 
By this action, Plaintiffs seek a declaration from this Court that each is an author,creator, composer, producer, arranger, performer and co-owner of copyright in the OriginalCompositions; and that Defendants: (i) knowingly, willfully and intentionally failed toacknowledge join authorship of said works,
infringed Plaintiffs’ copyrights and exclusive
rights in and relating to the Original Compositions in violation of the Copyright Act, 17U.S.C. §§ 106, 115 and 501; (ii) induced, caused and/or materially contributed to the
infringement of Plaintiffs’ copyrights and exclusive rights in and relating to the Original
Compositions by others in violation of the Copyright Act, 17 U.S.C. §§ 101 et seq. (iii)fraudulently induced Plaintiffs to create, author, produce, arrange, and perform the OriginalCompositions; (iv) were unjustly enriched by the services performed by the Plaintiffs increating, authoring, producing, arranging and performing the Original Compositions; (v)deprived Plaintiffs of substantial income, proceeds, fees, royalties and other remuneration,
directly and/or indirectly related to Defendants’ distribution, use, commercialization, sale,
broadcasting, public performance, licensing and other exploitation of the Musical Works,containing the Original Compositions. (vi). Failed to properly administer and collect
 plaintiffs’ royalties.
4.
 
Raul Roldan Rivera/pka “Thilo” is a world renowned producer/engineer/artist of 
reggaeton music and has authored/jointly authored many successful musical
compositions including “Adictos”, “Bailadome”, “Carita Bonita”, “Carita BonitaReggaeton Club Mix”, “Cuernos”, “Ella”, Fiera Callada”, “Hay de Sobra, “Intro”,“MIA”, “Mira La Bien”, “No Te Obligo”, “Caile”, “Paleta”, “Reggaeton”, Say It”,“Suave
 
El Oido”, “Te Hice Volar”, “Vamos a Ver”, “Yamileth Beat” , “Dimelo”, “LaCarta”, “Ella Me Amo”, “MSN”, and “Al Desnudo”. Defendants, LT’s Benjamin
Case 3:11-cv-01795 Document 1 Filed 08/12/11 Page 3 of 20

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