Recently, Sony was awarded legal fees in a copyright infringement lawsuit brought against it relating to the Shakira song entitled “Loca Con Su Tiguere.” The Plaintiff originally prevailed after a bench trial on its claim for copyright infringement. Later, the Defendant successfully moved for a new trial based upon newly discovered evidence which showed that the subject musical composition deposited by Plaintiff in the United States Copyright Office was a cassette tape which was fabricated in 2010 or 2011, and not in 1998 as originally claimed by the Plaintiff. As a result, the Court found that the Plaintiff did not own a valid copyright. After a judgment was entered in favor of Sony, Sony moved for an award of attorneys’ fees as a sanction. The Court granted Sony’s request for attorneys’ fees finding that the Plaintiff acted objectively unreasonable in continuing the lawsuit after Sony presented evidence that the cassette tape was fabricated. The Court then awarded $400,000 in attorneys’ fees and costs to Sony, as opposed to the over $700,000 award that Sony sought.
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Daniel Devine, Esq.
Santucci Priore, P.L.
 See, Mayimba Music, Inc. v. Sony/ATV Latin Music Publishing LLC, et. al., No. 12-cv-01094-AKH, at Docket Entry No. 268 (S.D.N.Y. Jun. 9, 2016).
 Id. at Docket Entry No. 256 (S.D.N.Y. Mar. 31, 2016).