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Banco Popular De Puerto Rico v. Asociacion De Compositores Y Editores De Musica Latinoamericana

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Before Lynch, Chief Judge, Selya and Lipez, Circuit Judges.

These are cross-appeals in a case involving copyright infringement. In 2001, appellant and cross-appellee Banco Popular de Puerto Rico (“BPPR”) sought a declaratory judgment under the Copyright Act, 17 U.S.C. § 101 et seq., after several music publishing companies contacted BPPR claiming that they owned and were owed royalties on various music compositions that BPPR had produced and distributed in a series of Christmas concerts. BPPR deposited the royalties due on these compositions with the district court and asked the district court to declare to whom the royalties were actually due, and distribute them accordingly.

Latin American Music Co., Inc. (“LAMCO”) and its affiliate, La Asociacion de Compositores y Editores de Musica Latinoamericana (“ACEMLA”), countersued BPPR for copyright infringement of several of their compositions. An additional music publishing company, Guillermo Venegas Lloveras, Inc. (“GVLI”), filed counterclaims against BPPR, LAMCO, and ACEMLA for copyright infringement of the song “Genesis.” The district court consolidated these cases and denied the parties’ respective motions for summary judgment.

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