Sony awarded $400,000 in legal fees in Copyright Infringement lawsuit over Shakira song

Recently, Sony was awarded legal fees in a copyright infringement lawsuit brought against it relating to the Shakira song entitled “Loca Con Su Tiguere.”[1] The Plaintiff originally prevailed after a bench trial on its claim for copyright infringement.[2] 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.[3] As a result, the Court found that the Plaintiff did not own a valid copyright.[4] After a judgment was entered in favor of Sony, Sony moved for an award of attorneys’ fees as a sanction.[5] 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.[6] The Court then awarded $400,000 in attorneys’ fees and costs to Sony, as opposed to the over $700,000 award that Sony sought.[7]

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Daniel Devine, Esq.
Santucci Priore, P.L.
Shareholder

[1] 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).
[2] Id. at Docket Entry No. 256 (S.D.N.Y. Mar. 31, 2016).
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.