Latin American Music Co., Inc. v. Media Power Group, Inc.
705 F.3d 34
| 1st Cir. | 2013Background
- LAMCO and ACEMLA sued MPG and Rivero Albino for infringement of 21 songs played on Radio Isla without licenses.
- District court granted summary judgment as to 12 songs; nine songs were tried, resulting in a jury verdict for MPG.
- LAMCO asserted ownership via certificates of registration and chain of title; MPG challenged ownership and registration.
- Four songs were dismissed at summary judgment for lack of evidence of registration; specific songs include Secreto and Jibaro among others.
- Collateral estoppel barred LAMCO’s claims against four Corretjer songs from Brown v. Latin Am. Music Co.; Brown precluded those ownership arguments.
- On appeal, the First Circuit affirmed the district court’s judgments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of ownership evidence for the nine songs | LAMCO showed registrations and chain of title. | Defendants rebutted ownership; insufficient evidence. | Procedural default; not reviewed on appeal. |
| Law of the case precluding jury ownership for the nine songs | Ownership was previously established; jury should not decide it. | Ownership remained a live issue; jury properly decided it. | No abuse; law of the case did not preclude jury ownership ruling. |
| Collateral estoppel applied to four Corretjer songs | Additional evidence in Brown case could defeat estoppel here. | Brown’s ruling controls; estoppel applies regardless of later evidence. | LAMCO collaterally estopped from litigating those four songs. |
| Dismissal for lack of evidence of registration for four songs | Certificates of recordation show ownership; registration complete. | Recordation is not registration; dismissal proper. | Dismissal for those four songs affirmed. |
Key Cases Cited
- Feist Publ'ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (U.S. 1991) (ownership requires valid copyright and original, copied elements)
- Johnson v. Gordon, 409 F.3d 12 (1st Cir. 2005) (certificate of registration is prima facie ownership evidence; burden shifts)
- Unitherm Food Sys., Inc. v. Swift-Eckrich, Inc., 546 U.S. 394 (U.S. 2006) (law-of-the-case limitations and review mechanics)
- Brown v. Latin Am. Music Co., 498 F.3d 18 (1st Cir. 2007) (collateral estoppel in copyright ownership context)
- Alberty-Vélez v. Corporación de Puerto Rico para la Difusión Pública, 242 F.3d 418 (1st Cir. 2001) (court may modify Rule 56(g) orders; revival of issues at trial)