A decide has agreed with the heirs of the guitarist towards these of the arranger José Torregrosa, who registered with the SGAE as a co-author. The descendants of Torregrosa have been accumulating 50% of the rights for 50 years. The decide considers it confirmed that “the only creator” was Paco de Lucía
With the 2 musicians useless, we face a battle of heirs that has been settled, at the least for now, by the Mercantile Judge quantity 3 of Madrid. In a lately launched ruling, it has pressured the descendants of the musician José Torregrosa to return all of the revenue acquired from the copyright of 37 songs by Francisco Sánchez Gómez, often called Paco de Lucía, to the relations of the flamenco maestro by acknowledging his sole authorship.
This is acknowledged in a sentence, to which Europa Press had entry, wherein the lawsuit filed by the musician’s kids and his widow towards the descendants of Torregrosa is upheld. The musician’s heirs continued to gather 50% of the rights for the composer transferring the items to sheet music.
In the authorized grounds, the decide concludes that “the one creator of the works is Paco de Lucía and that none of them might be thought-about by-product works, within the sense of recognizing the arranger mental property rights over them.”
Likewise, it signifies that “there has certainly been a public attribution of co-authorship by the covers”, for which motive it considers that “non-material injury is taken into account confirmed”.
After analyzing the lawsuit, the decide determines that Paco de Lucía is the only creator of 37 works, together with ‘Entre dos aguas’; ‘Gypsies from Triana’; ‘The Tagus’; ‘Jerezana’; ‘Crying for Cádiz’; ‘Punta Umbria’; ‘I bear in mind Patiño’; ‘Long stay the Union’; ‘In the Cove’; ‘Cry the Seguiriya’; ‘April in Seville’; ‘To the Conqueror’; ‘The coconut is coming’; ‘The Vito’; ‘New Font’; ‘Small sq.’; ‘Improvised Rumba’; ‘Serranía de Málaga’; and ‘Temas del Pueblo’, amongst others.
The ruling additionally declares that José Torregrosa Alcaraz violated the instructor’s ethical proper of authorship by attributing co-authorship of the earlier works, and, consequently, ordered the defendant to pay the plaintiff as compensation for non-material injury, of the quantity of ten thousand euros.
It additionally prohibits the defendant from making any point out of José Torregrosa Alcaraz as co-author of the aforementioned works, in addition to condemning it to stop any exploitation it might be finishing up of them.
And it ordered the defendant to repay the plaintiff the quantities which have been acquired by advantage of the exploitation of the aforementioned musical works, and mentioned quantity should be set in execution of the judgment in consideration to the certification supplied for this objective by the General Society of Authors and Publishers (SGAE).