Latin American Music Co. v. Spanish Broadcasting System, Inc.
232 F. Supp. 3d 384
S.D.N.Y.2017Background
- Plaintiffs LAMCO and ACEMLA (music publisher and licensing organization) sued Spanish Broadcasting System (SBS) for copyright infringement for broadcasting 13 songs without licenses. Discovery closed March 1, 2016; this is Defendant’s second partial summary judgment motion.
- Seven disputed songs (the “Fania Works”) were originally registered in the 1970s by Fania Publishing or Fania Records; Plaintiffs later recorded purported transfers and filed registrations in the late 1990s–2000s.
- For four Fania Works and three other songs, Plaintiffs rely solely on the president Raul Bernard’s sworn recollection of hearing broadcasts; no audio recordings were produced despite earlier representations. Bernard provided dates, times, and stations in the Third Amended Complaint and a declaration.
- Defendant argues (1) Plaintiffs’ ownership claims to the Fania Works are time‑barred, (2) no admissible evidence supports that certain songs were played by SBS, (3) Plaintiffs are limited to statutory damages, and (4) SBS is an innocent infringer.
- The Court granted summary judgment in part: dismissed infringement claims as to the seven Fania Works for being time‑barred, denied summary judgment on the insufficiency of Bernard’s testimony for the other songs, held Plaintiffs elected statutory damages by failing to present actual damages evidence, and rejected SBS’s innocent‑infringer defense for lack of proof.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ownership/time‑bar for Fania Works | Plaintiffs claim valid ownership via late transfers/recordings and later registrations | Fania registrations in 1970s put Plaintiffs on constructive notice; ownership claims accrued long before suit and are time‑barred | Held for Defendant: ownership claims for the seven Fania Works are time‑barred; infringement claims dismissed |
| Evidence of actual broadcasts (Aniversario, La Malanga, Chumalacantela and some Fania Works) | Bernard’s sworn, firsthand recollection of hearing the broadcasts is admissible evidence | Bernard is an interested witness and has no corroborating recordings or notes; testimony insufficient | Held for Plaintiffs (in part): Bernard's declaration creates a disputed fact sufficient to defeat summary judgment on those non‑Fania works; credibility and weight reserved for trial |
| Statutory vs. actual damages | Plaintiffs initially disclosed statutory damages but later attempted to preserve actual damages; point to a 1994 settlement as evidence of value | Defendant says Plaintiffs’ discovery record contains no evidence of actual damages and initial disclosure was an election | Held for Defendant: Plaintiffs failed to present evidence of actual damages and thus are limited to statutory damages (de facto election) |
| Innocent‑infringer defense | N/A (SBS argues it acted in good faith relying on blanket licenses/PRO listings) | SBS contends its BMI/ASCAP licenses and good faith mean it is an innocent infringer warranting reduced statutory damages | Held for Plaintiffs: SBS failed to meet its burden to prove subjective good faith and objective reasonableness; defense rejected for lack of evidence |
Key Cases Cited
- Kwan v. Schlein, 634 F.3d 224 (2d Cir.) (ownership/time‑bar accrual principles in copyright suits)
- Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (copyright infringement elements require ownership and copying)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burden‑shifting framework)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (standard for genuine dispute of material fact at summary judgment)
- Stone v. Williams, 970 F.2d 1043 (2d Cir.) (when ownership claims accrue for statute of limitations)
- D.C. Comics, Inc. v. Mini Gift Shop, 912 F.2d 29 (2d Cir.) (defendant bears burden to prove innocent infringement)
- Twin Peaks Prods., Inc. v. Publications Int’l, 996 F.2d 1366 (2d Cir.) (effect of electing statutory damages versus actual damages)