Romeo Santos and Sony Music Win Dismissal of Copyright Infringement Case

Erniel Rodriguez
Romeo Santos

Romeo Santos and Sony Music Entertainment have won dismissal of copyright infringement claims regarding the singer's 2014 track, "Eres Mia." The case was brought against Santos and Sony by Nazim I. Guity, who alleged the song infringed the copyright of his 2011 tune of the same name.

Represented by Fox Rothschild partner David Aronoff, the motion to dismiss the case argued that Guity failed to state a claim because there is no "substantial similarity" in protectable expression between the Guity track and Santos' song, and therefore no copyright infringement.

The Court ruled that Santos had not appropriated any "protectable element" of the Guity song and had not produced a work that was substantially similar in its "total concept or overall feel."

Under copyright law, a title of a song is not considered a protectable expression. The defendants presented the Court with audio files of both songs and certified Spanish-to-English translations of the lyrics. But, the court determined that "no reasonable jury could find substantial similarity" between the songs.

"Overall, the two songs have little in common other than their title," wrote Judge P. Kevin Castel of the U.S. District Court for the Southern District of New York, in his opinion and order granting the motion to dismiss. "[N]o reasonable jury could find substantial similarity between the Santos Song and either specific protectable elements of the Guity Song or the Guity Song taken in its entirety." 

"I have had to defend something I truly created," said Santos in a press statement. "No person should play with a writer’s song, his trajectory, nor should they cause others to waste their time."


THE BILLBOARD BIZ
SUBSCRIBER EXPERIENCE

The Biz premium subscriber content has moved to Billboard.com/business.


To simplify subscriber access, we have temporarily disabled the password requirement.