Richmond Law Firm Wins Copyright Infringement Verdict
Created on 04/12/10
Richmond Law Firm Wins Copyright Infringement Verdict
The Showalter Law Firm prevailed in a week long jury trial in Houston federal court pursuing claims for copyright infringement. The $200,000 jury verdict on behalf of Tejano band La Sombra and songwriters Tony Guerrero and Maria Ramirez found Freddie Records and its affiliated publishing company Marfre Music Publishing guilty of copyright infringement. Tony Guerrero, founder of La Sombra was gratified with the jurors' decision on behalf of what was hailed as the No. l Show Band in the country during the 80's and 90's. The band enjoyed hits such as El Sapo, Pepe La Pue and Mi Guerita Coca Cola.
The successful suit asserted that the failure of Freddie Records to obtain a written agreement to exploit master recordings of La Sombra violated the provisions of the Copyright Act. The Copyright Act requires a written contract to transfer ownership of a sound recording. The defendants argued that a small fee paid to the band at the time of recording in the 1980's constituted a "buy out" of all rights. The defendants never paid any royalties to La Sombra for the sales of recordings on as many as twenty albums.
Tony Guerrero's sister Maria Ramirez wrote many of the songs the band recorded. Mrs. Ramirez sang during trial as jurors listened to her testify how she gets inspiration for her songs. She described being told by the defendants she had no rights to her songs and could not do anything with them. The jury disagreed.
The trial was presided over by Federal Judge Vanessa D. Gilmore who found as a matter of law that the failure to obtain a written agreement transferring ownership in the recordings to the Defendants meant that the ownership remained with the Plaintiffs. The verdict is likely to be increased by prejudgment interest as well as attorneys fees and court costs.
It was a tremendous vindication for two unsophisticated musicians who, with the help of the Showalter Law Firm, pulled back the veil on the shadowy world on the music business. David Showalter and associate Joshua Leal tried the case to the six person federal jury. The Showalter Law Firm has developed expertise in ferreting out often difficult damages in music industry cases, which involves complex and often incomplete accounting systems and practices. The Firm has collected more than $5,000,000 money and music rights for performers and writers through verdicts and settlements in cases in Tennessee, Texas, California and New York. Claims have been pursued in cases involving ZZ Top, George Jones, The Big Bopper, La Mafia, numerous Houston Blues artists, and now La Sombra.
The Showalter Law Firm prevailed in a week long jury trial in Houston federal court pursuing claims for copyright infringement. The $200,000 jury verdict on behalf of Tejano band La Sombra and songwriters Tony Guerrero and Maria Ramirez found Freddie Records and its affiliated publishing company Marfre Music Publishing guilty of copyright infringement. Tony Guerrero, founder of La Sombra was gratified with the jurors' decision on behalf of what was hailed as the No. l Show Band in the country during the 80's and 90's. The band enjoyed hits such as El Sapo, Pepe La Pue and Mi Guerita Coca Cola.
The successful suit asserted that the failure of Freddie Records to obtain a written agreement to exploit master recordings of La Sombra violated the provisions of the Copyright Act. The Copyright Act requires a written contract to transfer ownership of a sound recording. The defendants argued that a small fee paid to the band at the time of recording in the 1980's constituted a "buy out" of all rights. The defendants never paid any royalties to La Sombra for the sales of recordings on as many as twenty albums.
Tony Guerrero's sister Maria Ramirez wrote many of the songs the band recorded. Mrs. Ramirez sang during trial as jurors listened to her testify how she gets inspiration for her songs. She described being told by the defendants she had no rights to her songs and could not do anything with them. The jury disagreed.
The trial was presided over by Federal Judge Vanessa D. Gilmore who found as a matter of law that the failure to obtain a written agreement transferring ownership in the recordings to the Defendants meant that the ownership remained with the Plaintiffs. The verdict is likely to be increased by prejudgment interest as well as attorneys fees and court costs.
It was a tremendous vindication for two unsophisticated musicians who, with the help of the Showalter Law Firm, pulled back the veil on the shadowy world on the music business. David Showalter and associate Joshua Leal tried the case to the six person federal jury. The Showalter Law Firm has developed expertise in ferreting out often difficult damages in music industry cases, which involves complex and often incomplete accounting systems and practices. The Firm has collected more than $5,000,000 money and music rights for performers and writers through verdicts and settlements in cases in Tennessee, Texas, California and New York. Claims have been pursued in cases involving ZZ Top, George Jones, The Big Bopper, La Mafia, numerous Houston Blues artists, and now La Sombra.