Case 0:19-cv-62195-KMM Document 1 Entered on FLSD Docket 09/03/2019 Page 1 of 13

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
CASE NO: ______________

MYRA STELLA-TURNER

PLAINTIFF SUBJECT MATTER:

V.

UNIVERSAL MUSIC LATIN COPYRIGHT INFRINGEMENT

ENTERTAINMENT; ALEJANDRA INJUCTIVE RELIEF
GUZMÁN; REBELEON
ENTERTAINMENT;
COYOTE MEDIA HOUSE; JOHN DOE JURY TRIAL DEMANDED
AND JANE DOE; COMPANIES ABC
AND EDF; INSURERS HIJ, KLM AND
OPQ

DEFENDANTS

COMES NOW Plaintiff, MYRA STELLA-TURNER, through their undersigned

attorney and very respectfully STATES, ALLEGES and PRAYS as follows:

I. NATURE OF ACTION, JURISDICTION AND VENUE

1. This is a copyright infringement case under the U.S. Copyright Act, for

damages under U.S. Copyright Law, and for injunctive relief. This court has

jurisdiction over this action under 28 U.S.C. §1331 (federal question) and

§1338 (copyright claims).

2. Venue is proper in this district under 28 U.S.C.§1391 and §1400 because the

defendants are found in Florida by themselves or through their agents

inasmuch they transact business in Florida, because a substantial part of the

events or omissions giving rise to the claim occurred in this judicial district, and

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a substantial part of the intellectual property and rights thereunder that are the

subject of the action are situated in Florida.

II. THE PARTIES

3. PLAINTIFF MYRA STELLA-TURNER is a writer and composer which created

and wrote the musical composition “Loca”. Her address is 7001 NW 93rd

Avenue, Tamarac, FL 33321.

4. UNIVERSAL MUSIC GROUP, INC., d/b/a UNIVERSAL MUSIC LATIN

ENTERTAINMENT, upon information and belief is a California corporation or

partnership which operates in the United States, 2220 Colorado Avenue, Santa

Monica, CA, engaged in the business of making, producing, and distributing

musical records and DVDs for sale to the public worldwide.

5. GABRIELA ALEJANDRA GUZMÁN PINAL, known professionally as

ALEJANDRA GUZMÁN, is a Mexican singer-songwriter, actress, and

musician who performs the song “Loca” written by Plaintiff. The exact address

of this defendant is unknow to Plaintiff at this time, but once she comes in

contact with such information, she will amend her allegations to reflect the

change.

6. REBELEON ENTERTAINMENT, upon information and belief is a Los Angeles

corporation or partnership which operates in the United States, which address

is 5187 Llano Dr., Woodland Hills, Los Angeles, CA 91364-2901, engaged in

the business of making, producing, and distributing musical records for sale to

the public worldwide.

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7. Upon information and belief, COYOTE MEDIA HOUSE is a duly organized

corporation which operates in the United States, which address is San Luis de

Potosí #54, Roma Sur, Cuauhtémoc, México, Ciudad de México, 06700,

engaged in the business of making, producing, and distributing musical records

for sale to the public worldwide. The exact address of this defendant is unknow

to Plaintiff at this time, but once she comes in contact with such information,

she will amend her allegations to reflect the change.

8. JOHN DOE and JANE DOE are individuals whose identities and addresses

are unknown to Plaintiffs at this time, who engaged in and contributed to the

acts of infringement and/or caused the grievances described in this complaint.

9. COMPANIES ABC and EDF are incorporated entities whose identities and

addresses are unknown to Plaintiffs at this time, which engaged in and

contributed to the acts of infringement described in this complaint.

10. INSURERS HIJ, KLM, and OPQ are insurance companies that issued policies

in favor of any of the properly named and unknown Defendants, and that would

cover any liability claims incurred by Defendants as a direct or indirect result of

the claims alleged herein.

11. For the purposes of this pleading, the terms Defendants refers to all the parties

named above in 4 through 16, as liable jointly and severally to wit: UNIVERSAL

MUSIC LATIN ENTERTAINMENT; ALEJANDRA GUZMÁN; REBELEON

ENTERTAINMENT;

12. COYOTE MEDIA HOUSE; JOHN DOE AND JANE DOE; COMPANIES ABC

AND EDF; AND INSURERS HIJ, KLM AND OPQ.

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III. FACTUAL BACKGROUND

1. Plaintiff Myra Stella-Turner is the owner of the copyrights to the musical

composition “Loca”, registered in the Copyright Office under PA0001118853,

2002-10-07. Exhibit I.

2. The aforementioned musical composition contains material wholly original and

is copyrightable subject matter under the laws of the United States.

3. The aforementioned musical composition was published in 1997 in strict

conformity with the provisions of Copyright Law.

4. Plaintiff has been and still is the proprietor of the statutory copyrights in the

aforementioned musical composition and duly possesses all rights, title and

interest therein.

5. Plaintiff has suffered several grievances as a result of unauthorized use of her

composition entitled “Loca”.

6. Alejandra Guzmán has become aware of all such instances as they involve

concrete legal proceedings.

7. On September 24, 2003, plaintiff filed her first cause of action for copyright

infringement against BMG US/Latin, BMG Music, BMG Distribution and BMG

Entertainment.

8. In that first Complaint the Plaintiff claimed copyright infringement because

“Loca” was included in the phonorecords “La Guzmán” by Alejandra Guzmán;

“Alejandra Guzmán: Rock del Milenio”; “Alejandra Guzmán: 20 Exitos (Serie

Platino)’; “Alejandra Guzmán: Serie 2000”, all published and distributed by the

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parties in the preceding paragraph. The suit was filed in the District Court for

the District of Puerto Rico, Civil no. 03-2036 (RLA).

9. During the course of discovery of that first lawsuit, BMG claimed to have

obtained a mechanical license from BMG Publishing, from rights originating in

a purported songwriter’s agreement directly with Ms. Stella- Turner. No such

agreement existed.

10. The purported songwriter’s agreement was not signed by plaintiff, as she

demonstrated through multiple signature samples from driver’s licenses,

cancelled checks, mortgage deeds, etc.

11. The successors in interest to the original defendants, Sony BMG Musical

Entertainment and BMG Musical Publishing NA, Inc., settled the

abovementioned complaint.

12. Despite having undergone full discovery on the ownership and licensing issues

regarding the song “Loca,” and as a result settling the lawsuit, a little over a

year after signing the settlement agreement that terminated the first cause of

action, Sony BMG Music Entertainment and BMG Music Publishing NA, Inc.,

infringed plaintiff’s copyright to the song “Loca” again by including it in the CD

“Canciones de Amor”, by Alejandra Guzmán.

13. In the second copyright infringement lawsuit, the defendants included the

Plaintiff’s song in numerous phonorecords that they have distributed through

the years in the United States, Latin America, Puerto Rico, the Caribbean,

Europe, among other countries.

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14. Prior to distribution of “Canciones de Amor”, Plaintiff never received a

notification or request for the issuance of a mechanical license.

15. Regarding the second copyright infringement lawsuit, the Plaintiff never

granted Defendants a license for the performance, reproduction and

distribution of the of aforementioned musical composition “Loca” in the

phonorecord or compact discs “Canciones de Amor” by Alejandra Guzmán.

16. The suit for the second copyright infringement was filed in the District Court for

the District of Puerto Rico, Civil no. 09-2077, then settled and paid by co-

defendant Sony Music Entertainment, Inc, hereinafter “SME”.

IV. DEFENTDANT’S WRONGFUL ACTIVITIES

17. On or around the year 2017, Plaintiff learned through an online search that the

singer Alejandra Guzmán, had performed the song “Loca” during her “Versus

World Tour”. The use of the song “Loca” by singer Alejandra Guzmán on her

“Versus World Tour” was never authorized by the Plaintiff in any way.

18. The “Versus World Tour” had multiple sold out venues in the United States and

abroad.

19. REBELEON ENTERTAINMENT and COYOTE MEDIA HOUSE recorded in

audio and video format respectively, the live performances of the “Versus World

Tour”, and the multiple instances in which Alejandra Guzmán sang the song

“Loca”.

20. The audio and video recordings of the appearance by Alejandra Guzmán’s

“Versus World Tour” are currently being sold in CD and DVD format by co-

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defendant Universal Music Group, Inc, d/b/a Universal Music Latin

Entertainment.

21. Both the CD and DVD format of the “Versus World Tour”, are available for

purchase in digital format via online purchase download or streamed via

websites such as Apple Music, Amazon Inc., YouTube, Spotify, Walmart,

Sears, Amoeba Music and Barnes and Noble, etc.

22. Plaintiff did not receive a notification or request for the issuance of a mechanical

license by the Defendants prior to the distribution of the “Versus World Tour”

CD and DVD.

23. Plaintiff has never granted Defendants a license for the performance,

reproduction and distribution of the aforementioned musical composition in the

CD and DVD versions of “Versus World Tour” by Alejandra Guzmán.

24. Defendants UNIVERSAL MUSIC LATIN ENTERTAINMENT and REBELEON

ENTERTAINMENT, commercially exploit the video and audio recordings of the

“Versus World Tour”.

25. JOHN DOE, JANE DOE, COMPANIES ABC and EDF are individuals or

entities unknown to Plaintiff at this time, that somehow participated materially

in the acts of copyright infringement alleged herein.

26. INSURERS HIJ, KLM, and OPQ are companies that issued insurance policies

on behalf of one, some or all defendants and that cover liability such as that

comprised by this case.

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27. All the Defendants derived financial gain from the unauthorized exploitation of

the musical composition “Loca” in the “Versus World Tour” CD, DVD and digital

downloads.

28. One, some or all the Defendants continued to exploit the song “Loca” even after

constructive notice of Plaintiff’s copyright claim.

V. FIRST CAUSE OF ACTION:

COPYRIGHT INFRINGEMENT
17 U.S.C. ET SEQ. OF THE COPYRIGHT ACT
SOUND RECORDING USE

29. All preceding allegations are incorporated and re-alleged herein.

30. Defendants have infringed plaintiffs’ exclusive rights to the reproduction and

distribution of said musical composition through the licensing, sale,

manufacture and distributions of CD and DVD, with Plaintiff composition “Loca”.

31. Defendants are responsible to Plaintiff, as the sole owner of the copyright to

the musical composition, for actual or statutory damages, regarding the sales

of CDs and/or DVDs, including, without limiting, digital format, where the

recording of said song is included.

32. Defendants have directly or indirectly caused the infringement through the

unauthorized reproduction, distribution, sale or licensing of the song.

33. Defendants are responsible vicariously, contributorily, direct or indirectly, for

the unlawful acts derived from the copyright infringement.

34. Defendants were able to accomplish these infringements by, among other

things, entering into agreements with third parties or through subsidiaries,

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affiliates or divisions done in prejudice of the plaintiff and which have the effect

of harming the plaintiff, by inter alia, directly or indirectly causing, allowing,

consenting to, and permitting the reproduction, distribution, manufacturing and

sale of the infringing song mentioned above. But for the defendant’s actions

and omissions, this tort would not have been committed.

35. Plaintiff demands payment of actual or statutory damages under U.S Copyright

law.

VI. SECOND CAUSE OF ACTION

COPYRIGHT INFRINGEMENT
17 U.S.C. ET SEQ. OF THE COPYRIGHT ACT
VISUAL ARTS WORK USE

36. All preceding allegations are incorporated and re-alleged herein.

37. Defendants, through the licensing, sale, manufacture and distributions of DVD,

with Plaintiff composition “Loca”, have infringed plaintiffs’ exclusive rights to the

reproduction and distribution of said musical composition.

38. Defendants are responsible to Plaintiff as the owner of the copyright to the

aforementioned musical composition for actual or statutory damages,

regarding the sales of DVDs, including, without limiting, digital format, where

the recording of said song is included.

39. Defendants have directly or indirectly caused the aforementioned infringement

through the reproduction, distribution, sale or licensing of the aforementioned

song.

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40. Defendants are responsible vicariously, contributorily, direct or indirectly, for

the unlawful acts derived from the copyright infringement.

41. Defendants were able to accomplish these infringements by, among other

things, entering into agreements with third parties or through subsidiaries,

affiliates or divisions done in prejudice of the plaintiff and which have the effect

of harming the plaintiff, by inter alia, directly or indirectly causing, allowing,

consenting to, and permitting the reproduction, distribution, manufacturing and

sale of the infringing song mentioned above. But for the defendant’s actions

and omissions, this tort would not have been committed.

42. Plaintiff demands payment of actual or statutory damages under U.S Copyright

law.

VII: THIRD CAUSE OF ACTION

COPYRIGHT INFRINGEMENT
17 U.S.C. ET SEQ. OF THE COPYRIGHT ACT
INJUNCTIVE RELIEF

43. All preceding allegations are incorporated and re-alleged herein.

44. Pursuant to The Copyright Act of 1976, as amended, 17 U.S.C. § 502, the

Plaintiff request that this Honorable Court, grant the request for a preliminary

and permanent injunction, to prevent and restrain the Defendants from

continuing to incur in the following activities: unauthorized copying,

manufacture, market, promote, public performance, distribute or sell products

containing the composition “Loca” in violation of Plaintiffs proprietary rights of

the before mentioned composition under Copyright Law.

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VIII. DEMAND FOR TRIAL BY JURY

45. Plaintiff demands trial by jury.

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff request the court grant relief as follows:

(A) For the First cause of action, as it pertains to the matter of Copyright Infringement

on a SOUND RECORD USE: Declaration that Defendants claimed authorship

over a musical work in a manner contrary to Copyright Law.

(B) An award of (1) actual damages suffered by Plaintiff and all profits illicitly gained

by Defendants pursuant to 17 U.S.C. §504(b); or in the alternative, (2) statutory

damages for willful infringement pursuant to 17 U.S.C. §504(c), whichever is

higher.

(C) An award of costs pursuant to 17 U.S.C. § 505,

(D) An award of reasonable attorneys’ fees pursuant to 17 U.S.C. § 505;

(E) An award of prejudgment interest on the amount of any award, pursuant to 17

U.S.C. §505.

(F) An Order stating that codefendants must immediately return to Plaintiff any and all

copies of all the versions of the composition “Loca” that they have recorded.

(G) Further relief as the court may deem just and equitable.

(H) For the Second Count as it pertains to the matter of Copyright Infringement on a

VISUAL ARTWORK USE: Declaration that Defendants unlawfully fixed Plaintiffs

composition on a Visual Arts work in a manner contrary to Copyright Law.

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(I) An award of (1) actual damages suffered by Plaintiff and all profits illicitly gained

by Defendants pursuant to 17 U.S.C. §504(b); or, (2) statutory damages for willful

infringement pursuant to 17 U.S.C. §504(c), whichever is higher,

(J) An award of costs pursuant to 17 U.S.C. § 505,

(K) An award of reasonable attorneys’ fees pursuant to 17 U.S.C. § 505;

(L) An award of prejudgment interest on the amount of any award, pursuant to 17

U.S.C. § 505.

(M) An Order stating that codefendants must immediately return to Plaintiffs, any and

all copies of all the versions where the composition “Loca” has been fixed in the

form of Visual Arts work by the Defendants.

(N) Further relief as the court may deem just and equitable.

(O) For the Third Count as it pertains to the matter of Injunction:

(P) Pursuant to The Copyright Act of 1976, as amended, 17 U.S.C. § 502, the Plaintiff

request that this Honorable Court, grant the request for temporary and final

injunctions, to prevent and restrain the Defendants from continuing to incur in the

following activities: unauthorized copying, manufacturing, marketing, promoting,

public performance, distributing or selling products containing the composition

“Loca” in violation of Plaintiffs proprietary rights of the before mentioned

composition which constitutes infringement of Copyright Law.

(Q) An award of costs pursuant to 17 U.S.C. § 505.

(R) An award of reasonable attorneys’ fees pursuant to 17 U.S.C. § 505.

(S) An award of prejudgment interest on the amount of any award, pursuant to 17

U.S.C. § 505.

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(T) Further relief as the court may deem just and equitable.

RESPECTFULLY SUBITTED.

In Broward County, Florida, this 3rd day of September, 2019.

s/EDWIN J. PRADO-GALARZA, Esq.

PRADO NUÑEZ & ASOCCIATES, P.S.C.
513 W. Colonial Dr, Unit 5.
Orlando, FL, 32804
Tel. (407) 420-7926 / (787) 977-1411
E-Mail: Pradolaw10@gmail.com
Florida Bar No. 1008115

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