box1 header1
Entry Detail
Terms of Use The data on this site is for education, insights, and entertainment, and is not to be used for commercial purposes. If you want to use content for noncommercial purposes, be kind and give us due credit. To read the full Terms of Use, click here.
Options Conduct New Search
Copy Permalink to this Item
 
Salsa Kings Sue Record Label
Highest Court S.D. New York
Year Ended 2009
Plaintiffs Cruz, Bobby
Family of Artist(s)
Music Publisher(s)
Ray, Richie
Defendants Music Publisher(s)
Record Label(s)
Other No Other parties on file
Short Description Plaintiffs, Richie Ray and Bobby Cruz, are famed salsa musicians who supposedly repudiated their contracts with defendants after Defendants' "breached" by not paying or accounting royalties. They then sued for copyright infringement and rescission of the contract, when Defendants continued to exploit the compositions recorded under the agreement. The court found Plaintiffs were in no position the rescind contract; rescission is an equitable remedy and an extreme measure for the court to take. The contract contained no provision allowing for rescission upon underpayment of royalties, Defendants' actions were not so material as to defeat the object of the contract, and damages would be available to Plaintiffs if Defendant were in breach. Since their repudiation was invalid, there was no action for copyright infringement either. Defendants' summary judgment granted. - LSW

Legal Issues
Contracts Breach Exclusivity & Restrictive/Negative Covenants
    Repudiation
Copyrights Infringement Reproduction & Distribution/Dissemination


Opinions Maldonado v. Valsyn, S.A.
2009 WL 3094888
S.D. New York , September 23, 2009 ( No. 06 Civ. 15290(RMB) )


Maldonado v. Valsyn, S.A.
2010 WL 3199681
Second Circuit , August 13, 2010 ( No. 09-4394-cv )


Errors Do you see something that is not correct?
The Discography is an ongoing project. Some entries in the database are displayed in various stages of completion. If you see spelling or grammar issues, they are likely to be corrected in the near future as they're noticed by editors (they're on the "To Do" list, we promise). But If you notice errors regarding facts, legal conclusions, or other information, please contact us to let us know. We've done our best, but can't assure perfection. Thank you.


Related Searches Parties
Cruz, Bobby ( Plaintiff )
Family of Artist(s) ( Plaintiff )
Music Publisher(s) ( Plaintiff )
Music Publisher(s) ( Defendant )
Ray, Richie ( Plaintiff )
Record Label(s) ( Defendant )

Legal Issues
Contracts / Breach / Exclusivity & Restrictive/Negative Covenants
Contracts / Breach / Repudiation
Copyrights / Infringement / Reproduction & Distribution/Dissemination

Courts
S.D. New York (highest court)
Second Circuit


permalink to this entry