The singer’s claim Charlie Point to collect royalties from the hundreds of songs he recorded while he was a member of The Great Combo of Puerto Rico was not accepted by a federal judge, who instead recognized the musical director Raphael Ithier as the only one with the right to collect for being the owner of the corporation that protects the orchestra.
Federal judge Jay García Gregory, in response to the declaratory sentence presented by Mr. Roberto Sueiro on behalf of the Combo, recognized that El Gran Combo is a corporation that employs its singers, musicians and other members, and as such, has the right to collect royalties as the main performer, and Ithier is the property owner of that entity.
Sueiro, in the memorandum of law that he presented in support of the declaratory sentence, questioned the Court to whom the collection of the royalties paid by SoundExchange, the entity in charge of paying the privileges for the performances of the music of artists on digital platforms and Internet in general.
“The court ultimately resolved, following the parties made their legal dissertations, that the one who is entitled to those royalties, for being the main attraction and according to the law, is Ithier”, the lawyer reiterated this Sunday by telephone. “All of El Gran Combo are employees and there are rulings since 1983, by the First Circuit of Boston, determining that Ithier is an employer under the law, because he is the owner of everything that is El Gran Combo since 1963”, said the defender of Los Finados del Sabor.
Primera Hora made a request for reaction to this determination, via text message, to Mr. José Hernández Mayoral, who represents Charlie Aponte, but no response has yet been received.
The singer, active voice in salsa classics such as “Se me fue”, “Teléfono”, Timbalero” and “There is no bed for so many people”, explained Suiero, “not even being part of the corporation did he have the right” to collect royalties.
He pointed out that, “this point in law had not been brought anywhere in the United States, there is no precedent. This is the first precedent that establishes what is a feature artist throughout the United States and so says the decision of the magistrate, who welcomes the district judge. It is a novel case”.
Once SoudExchange became aware of the conflict between the Combo and Aponte in 2019, it suspended the payment of royalties for music played or downloaded digitally. Such royalties are estimated at half a million dollars, according to information provided.
Aponte did not collect royalties for the Combo’s music nor does he have debts with the corporation.
