In the United States District Court for the District of Puerto Rico

Case 3:21-cv-01374 Document 1 Filed 08/15/21 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

LUIS ADRIAN CORTES-RAMOS * CIVIL NO. 21-1374 ( ) Plaintiff * * ABOUT: v. * Copyright Act of 1976 * Torts, Diversity ENRIQUE MARTIN-MORALES a/k/a * RICKY MARTIN, JOHN DOE, * RICHARD ROE, and their respective * insurance companies * JURY TRIAL REQUESTED Defendants * *************************************

COMPLAINT

TO THE HONORABLE COURT:

Comes plaintiff, through the undersigned attorney, and very respectfully states, alleges and prays:

I. JURISDICTION:

1. This Honorable Court has jurisdiction under 28 U.S.C. § 1331 and 1338(a); 28 U.S.C.

§ 1332 (a) 1, (c) and (d).

2. This is also a civil action seeking damages and for direct and vicarious copyright infringement under the Copyright Act of the United States, Copyrights Act of 1976, 17 U.S.C.. This

Court has subject matter jurisdiction over this copyright infringement action pursuant to 28 U.S.C.

§ 1331 and 1338(a).

3. This Court has personal jurisdiction over defendants because, among other things, defendants are doing business in Puerto Rico and in this judicial district, the acts of infringement complained of herein occurred in Puerto Rico and in this judicial district, and Defendants have caused injury to Plaintiff and his intellectual property within Puerto Rico and in this judicial district. Case 3:21-cv-01374 Document 1 Filed 08/15/21 Page 2 of 10

COMPLAINT CIVIL NO. 21-1374 ( ) Page 2 4. Plaintiff and defendants are of diverse citizenship and the award requested exceeds

$75,000, exclusive of costs and interests. Plaintiff Luis Adrian Cortés-Ramos is resident of the

Commonwealth of Puerto Rico, USA. Co-defendant Enrique Martín-Morales a/k/a Ricky Martin is resident of State of California, USA; 28 U.S.C. § 1332 (a) 1, (c) and (d).

5. Trial by jury is hereby requested.

II. PARTIES:

6. Plaintiff, Luis Adrian Cortés-Ramos, of legal age, single, citizen of the United States of America and resident of the Commonwealth of Puerto Rico, USA. His address is Urb. Palacios del Prado, 148 Pacífico St., Juana Díaz, PR 00795.

7. Defendant Enrique Martín-Morales a/k/a Ricky Martin is married, artist, singer, citizen of the United States of America and resident of California, USA. His last known address is

Malibu, California 90265.

8. John Doe and Richard Roe are defendants who’s names are unknown to this day and those other unknown to this day, and who are responsible or contributed in any way to the events that give rise to this complaint. We also designate as unknown co-defendants the insurance companies and policies of all co-defendants in this complaint.

III. FACTS:

9. On or around August 2013 Enrique Martín Morales (Ricky Martin) and others posted and published several advertising, videos, and messages about the SuperSong’s Contest. They claimed that they were sponsors or co-sponsors of the advertising and the SuperSong’s Contest.

10. The song was to be use at the Fédération Internationale de Football Association Case 3:21-cv-01374 Document 1 Filed 08/15/21 Page 3 of 10

COMPLAINT CIVIL NO. 21-1374 ( ) Page 3 (International Federation of Association Football) 2014 FIFA World Cup (TM). The SuperSong was a song to be sing by Ricky Martin on the grand opening of the 2014 FIFA World Cup (TM). In Ricky

Martin promotions/advertises, he promoted and invited people to compose the song (the World Cup

Theme, the official song) for the 2014 FIFA World Cup (TM). He said that the song would be recorded and then performed on the 2014 FIFA World Cup (TM). Finally it was informed that the composer would be knowledge and credited for the composition. The news were covered by several newspapers, TV news services and magazines worldwide like; Latin Times August 21, 2013. Fox

News September 6, 2013.

11. The Fédération Internationale de Football Association (International Federation of

Association Football) is the international governing body of association football, futsal and beach soccer. FIFA is responsible for the organization of football's major international tournaments, notably the World Cup which commenced in 1930 and the Women's World Cup which commenced in 1991.

12. The 2014 World Cup/FIFA SuperSong’s Contest was a competition (contest) where contestant create and/or compose a song; both music and lyrics in one or a combination of any of the following languages: English, Portuguese, and/or Spanish. The song has to be submitted in or accompanied in a video format showcasing the performance of the composer.

13. Plaintiff saw the advertising of the contest while surfing the internet and immediately became interested. The SuperSong’s Contest was a competition (contest) where contestant create and/or compose a song; both music and lyrics in one or a combination of any of the following languages: English, Portuguese, and/or Spanish. The song has to be submitted in or accompanied in Case 3:21-cv-01374 Document 1 Filed 08/15/21 Page 4 of 10

COMPLAINT CIVIL NO. 21-1374 ( ) Page 4 a video format showcasing the performance of the composer.

14. In accordance with the videos and the promotion published, Plaintiff understood, like all other people, that the SuperSong was the song (the World Cup Theme, the official song) to be sing by Ricky Martin on the grand opening of the 2014 FIFA World Cup (TM).

15. Plaintiff, Luis Adrian Cortés-Ramos, authored, composed, created and recorded the music video La Copa del Mundo (Brasil 2014) including the lyrics, melody, choreography, video, etc.

16. Based on the information contained in the videos and the promotion published,

Plaintiff entered the contest by registering in a website of the SuperSong by late 2013 / early 2014.

On January 2, 2014, he upload his music-video to YouTube and later to the SuperSong’s web page/site.

17. Plaintiff Luis Adrián Cortés-Ramos saw an advertising of the contest while surfing the internet and immediately became interested. Plaintiff is a young artist; composer, singer, and musician. Plaintiff Luis Adrián Cortés-Ramos participated in several music tv contest including

Puerto Rico Idol (Wapa TV).

18. Plaintiff Luis Adrián Cortés-Ramos also was attending college, University of Puerto

Rico. He was completing a college degree in Bachelor in Science, major in Biomedical Science. He graduated on May 2013. He also works part-time with his parents in a family business. Even thought plaintiff Luis Adrián Cortés-Ramos’ artistic, working and college duties keeps him really busy and occupied, he composed a song to participate in the SuperSong’s Contest and created a video for it.

19. Plaintiff Luis Adrián Cortés-Ramos composed the song and recorded the video at the Case 3:21-cv-01374 Document 1 Filed 08/15/21 Page 5 of 10

COMPLAINT CIVIL NO. 21-1374 ( ) Page 5 end of 2013. He utilized several musicians, dancers, and chorus singers. The majority of the musicians, dancers, and chorus singers were relatives or family members. He had to pay for the recording and sound systems. The video was recorded in locations close to his hometown Juana

Díaz, Commonwealth of Puerto Rico.

20. Plaintiff Luis Adrián Cortés-Ramos entered the contest by registering in a website of the SuperSong by late 2013. On January 2, 2014 plaintiff Luis Adrián Cortés-Ramos upload his music-video to YouTube and later to the SuperSong’s web page/site. On January 8, 2014 defendants selected the twenty (20) finalists. Plaintiff Luis Adrián Cortés-Ramos was selected as a finalist.

21. On or around March 24, 2014 defendant Ricky Martin visited Puerto Rico to promote some charity and non-profit organizations including the Tau Center, Loiza, Puerto Rico.

22. On his visit to Puerto Rico, defendant Ricky Martin promoted his line of books for children and also he promoted the soon to be release new CD that contains several unreleased songs and the song Vida. The promotion tour included several newspapers, tv & radio stations and magazines’ interviews. Also he had several public appearances and visited several public places.

23. Defendant Martin visit to Puerto Rico was part of well established publicity program designated to promoted the release of his next CD Vida, a media tour to promote his CD.

24. Several months later defendant Martin released the announced and promoted new CD

VIDA containing the song Vida.

25. The promotional campaign of the CD Vida was all over Puerto Rico. The advertising of the CD covered the entire Island of Puerto Rico including posters, billboards adds, radio, tv and newspapers adds, a promotional campaign at Walgreens of Puerto Rico that includes a poster of Case 3:21-cv-01374 Document 1 Filed 08/15/21 Page 6 of 10

COMPLAINT CIVIL NO. 21-1374 ( ) Page 6 Ricky Martin when buying the CD. It was advertised in all other stores’ shoppers for several months.

26. The CD was sold in Puerto Rico locally at retail stores, department stores, music stores, pharmacies, bookstores, etc. It was sold also via on-line and downloads.

27. The song Vida was utilized for several advertizing and promotional campaigns; the radio station KQ-105 (WKAQ-105) used it as a song theme for advertising the station with adds in the radio and tv stations (Univision). The adds in the TV included the music video Vida. It caused me new damages and worsen my previous damages; economical, emotional and mental anguish.

28. The economical proceeds & economical benefits of the sales of the CD Vida in

Puerto Rico and the economical proceeds & economical benefits of the use of the Song in other advertising campaigns as the result of defendant Martin media tour in Puerto Rico on 2014 and the advertising campaign in Puerto Rico on 2014 were caused in Puerto Rico and were directly related to defendant Ricky Martin acts while in Puerto Rico and ordered by him to his agents in Puerto Rico.

29. Later after the released of his new CD Vida, defendant Martin started a concert tour on April 2015, One World Tour, were he sang Vida. As part of the One World Tour, he performed three (3) times in San Juan, PR on; February 12, 13 and 14, 2016.

30. On or around April 22, 2014 defendant Ricky Martin release his single/song Vida with a music video. Plaintiff Luis Adrián Cortés-Ramos was surprised, disappointed, anger, disillusioned, and suffered mental anguish; the music video Vida contains the same/identical video

(composition, themes/ideas, choreography, camera shots, layout, effects, etc.); contains the same/identical melody (chorus, rhythms, style, genre, etc.) and contains some lyrics, some identical Case 3:21-cv-01374 Document 1 Filed 08/15/21 Page 7 of 10

COMPLAINT CIVIL NO. 21-1374 ( ) Page 7 (theme, repetitive chorus, some other lyrics) from La Copa del Mundo. To worsen the scenario,

Ricky Martin was an admired artist and puertorrican that was considered a role model for plaintiff

Luis Adrián Cortés-Ramos.

31. Since the creation of the first music videos in the 1950's they have several components; the lyrics, the melody, the choreography and the video. As any music video, La Copa del Mundo and Vida consist of several components; the lyrics, the melody and the video.

32. The music video Vida contains the same/identical video (composition, themes/ideas, choreography, camera shots, layout, effects, etc.); contains the same/identical melody (chorus, rhythms, style, genre, etc.) and contains some lyrics, some identical (theme, repetitive chorus, some other lyrics) from La Copa del Mundo.

33. On February 8, 2016 plaintiff filed a Complaint before the US District Court for the

District of Puerto Rico, civil case Luis Adrian Cortes-Ramos v. Enrique Martin-Morales, et. al.,

Civil No. 16-1223 (DRD).

34. Plaintiff Luis Adrian Cortés-Ramos registered his work; the music video La Copa del Mundo (Brasil 2014) including the lyrics, melody, choreography, etc. in the United States

35. Plaintiff Luis Adrian Cortés-Ramos as author of La Copa del Mundo has exclusive rights under the copyright law to make and sell copies of his works, to create derivative works, and to perform or display his works publicly.

36. The case Luis Adrian Cortes-Ramos v. Enrique Martin-Morales, et. al., Civil No.

16-1223 (DRD) was dismissed without prejudice on October 28, 2016. Plaintiff went on appeal to Case 3:21-cv-01374 Document 1 Filed 08/15/21 Page 8 of 10

COMPLAINT CIVIL NO. 21-1374 ( ) Page 8 the US Court of Appeals for the First Circuit (USCA)1. On July 20, 2018 the USCA reversed the judgment and remanded the case and the US District Court. The Court issued an Order on July 23,

2018 and defendant did not comply with the order but instead filed a Motion to Reinstate the Motion to Dismiss on August 2, 2018.

37. The case was dismissed again on March 25, 2019 and Plaintiff went on appeal to the

USCA2. The USCA reversed the judgment and remanded the case on May 5, 2020.

38. On June 12, 2020 the First Amended Complaint was filed.

39. On August 21, 2020 the case Luis Adrian Cortes-Ramos v. Enrique Martin-Morales, et. al., Civil No. 16-1223 (DRD) was dismissed without prejudice.

40. Plaintiff Luis Adrian Cortés-Ramos registered his work; the music video La Copa del Mundo (Brasil 2014) including the lyrics, melody, choreography, etc. in the United States

41. Plaintiff Luis Adrian Cortés-Ramos as author of La Copa del Mundo has exclusive rights under the copyright law to make and sell copies of his works, to create derivative works, and to perform or display his works publicly.

42. The wrongful, intentional and negligent acts of defendant and co-defendants who’s names are unknown to this day, their managers, supervisors, officials, employees, contractors and representatives are responsible or contributed in any way to the events that give rise to this complaint, were the direct cause or contributed to the facts alleged in the complaint and are jointly

1 Cortes-Ramos v. Martin-Morales USCA 1st Cir. No. 16-2456

2 Cortes-Ramos v. Martin-Morales USCA 1st Cir. No. 19-1358 Case 3:21-cv-01374 Document 1 Filed 08/15/21 Page 9 of 10

COMPLAINT CIVIL NO. 21-1374 ( ) Page 9 responsible for all the damages suffers by the plaintiff.

IV. DAMAGES:

43. Plaintiff Luis Adrian Cortés-Ramos, was misinformed, lured to enter and to participate in contest with false information and threats with the only purpose to obtain to his compositions and creations in violation of the copyrights damages and for direct and vicarious copyright infringement under the Copyright Act of the United States, 17 U.S.C. The Copyright Act of 1976, damages estimated on $3,000,000.00.

44. Plaintiff Luis Adrian Cortés-Ramos, has suffered and continue to suffer mental anguish severe emotional distress, affliction, anguish, deprivation and suffers still today because of the loss of his compositions and creations without being credited nor being compensated. Damages estimated on $2,000,000.00.

45. Plaintiff Luis Adrian Cortés-Ramos, is entitle to a compensation for direct and indirect proceeds, gains, income, franchise, etc. obtained from the sales, downloads, re-sales, commercial and private use of the song-video that he composed. Also for the use of his composition in advertising and publicity campaign by defendant in radio and television in the Commonwealth of

Puerto Rico and other countries and/or jurisdictions. Damages that he suffered, continue to suffer at the present, and will suffered for his compositions and creations. Damages estimated on

$5,000,000.00.

WHEREFORE, plaintiffs respectfully pray from this Honorable Court to render Judgement in favor of plaintiffs and to award them a sum no less than ten million dollars ($10,000,000.00) suffered by plaintiffs because of defendants combined negligence, plus an additional amount for Case 3:21-cv-01374 Document 1 Filed 08/15/21 Page 10 of 10

COMPLAINT CIVIL NO. 21-1374 ( ) Page 10 attorney fees and court costs, all to be paid jointly by defendants.

JURY TRIAL DEMANDED.

RESPECTFULLY SUBMITTED.

In Ponce, Puerto Rico, this 13th day of August of 2021.

I HEREBY CERTIFY, that on this same date a true and exact copy of this document has been filed electronically using CM/ECF system in US District Court and the CM/ECF System will send notification of the filing to:

RODRIGUEZ LOPEZ LAW OFFICE, P. S. C. Juan R. Rodríguez PO Box 7693 Ponce, Puerto Rico 00732-7693 Tel. (787) 843-2828 \ 843-2900 Fax 284-1267 Email: [email protected] [email protected]

By: S/Juan R. Rodríguez JUAN R. RODRIGUEZ USDC-PR 214410