The family of paco de lucia (uncle of Little one) has reason to smile. They have won the battle for the copyright of the legendary guitarist and flamenco maestro. Specifically for the rights that the musician and arranger attributed to himself Jose Torregrosa.
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Torregrosa, who died in November 2007, was registered with the SGAE (General Society of Authors and Publishers) as co-author of Between two watersone of the most emblematic songs by Paco de Lucía, who died in 2014. He has also signed up as co-author of 36 other pieces of music.
The family of Paco de Lucía indicated in their lawsuit that Torregrosa limited himself only to transcribing the works to sheet music (without arrangements or modifications), therefore these rights did not belong to him nor did he receive 50% of the benefits for copyright. The commercial court number 3 of Madrid has finally agreed with them and has sentenced the Torregrosa family to return the income received for five decades.
Sentence
This is stated in a sentence, to which he had access Europa Press, in which the lawsuit filed by the musician’s children and his widow against the descendants of Torregrosa is upheld. The musician’s heirs continued to collect 50% of the rights for the composer transferring the pieces to sheet music.
In the legal grounds, the judge concludes that “the only author of the works is Paco de Lucía and that none of them can be considered derivative works, in the sense of recognizing the arranger intellectual property rights over them.”
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Likewise, it indicates that “there has indeed been a public attribution of co-authorship through the covers”, for which reason it considers that “non-material damage is considered proven”.
The ruling also declares that José Torregrosa Alcaraz violated the teacher’s moral right of authorship by attributing co-authorship of the previous works, and, consequently, ordered the defendant to pay the plaintiff as compensation for non-material damage, of the amount of ten thousand euros.
It also prohibits the defendant from making any mention of José Torregrosa Alcaraz as co-author of the aforementioned works, as well as condemning it to cease any exploitation it may be carrying out of them.
And it ordered the defendant to repay the plaintiff the amounts that have been received by virtue of the exploitation of the aforementioned musical works, and said amount must be set in execution of the judgment in attention to the certification provided for this purpose by the General Society of Authors and Publishers (SGAE).