IP Law Daily, COPYRIGH—S.D. Fla.: Some defendants dismissed in copyright lawsuit against Tiësto, Karol G, (Dec 17, 2024)

By Jonathan Anderson

Plaintiff failed to plead sufficient facts to invoke state and federal long-arm statutes, preventing the court from exercising personal jurisdiction over foreign songwriters.

A copyright infringement lawsuit involving a song performed by famous musicians Tiësto and Karol G faced a setback after the Federal District Court in Miami, Florida, dismissed several defendants without prejudice. The court reasoned that the plaintiff failed to establish personal jurisdiction over the dismissed defendants, who are accused of helping write the allegedly infringing song. The court found that the plaintiff failed to plead sufficient facts to invoke Florida’s long-arm statute or the federal long-arm statute over the dismissed defendants (Lorente-Garcia v. Giraldo-Navarro, No. 1:24-cv-23066-CMA (S.D. Fla. Dec. 13, 2024)).

Background. Plaintiff, Rene Lorente-Garcia, is a professional Latin music composer. One of his most acclaimed works is “Algo Diferente,” which he wrote and performed in 1998 and registered with the U.S. Copyright Office in 2000. Plaintiff alleges that the track “Don’t be Shy,” which Atlantic Records released in 2021, is “substantially similar” to “Algo Diferente” and borrows its rhythm, harmony, and melody to create an “unauthorized reproduction.” Prominent Dutch DJ and producer Tijs Michiel Verwest (Tiësto) and Colombian singer-songwriter Carolina Giraldo-Navarro (Karol G) helped craft the lyrics and assisted with the production of “Don’t be Shy.” The song has amassed hundreds of millions of “performances, uploads, downloads, saves, and shares.”

In response to the alleged infringement, plaintiff in 2023 sued various defendants and subsequently asserted four claims: a claim of copyright infringement against all defendants; a claim of contributory and vicarious infringement against certain defendants; a claim of unfair enrichment and defamation against certain defendants; and a claim of intentional infliction of emotional distress against all defendants. Plaintiff is seeking declaratory and injunctive relief, in addition to damages totaling tens of millions of dollars.

Three individuals involved in writing “Don’t be Shy” (the Writer Defendants) filed a motion to dismiss for lack of personal jurisdiction. The Writer Defendants argued that they are “foreign citizens and residents” whose work on the song occurred exclusively in Finland and Holland in collaboration with European-based music publishers. Plaintiff argued that the Writer Defendants solicited the services of Karol G, who is allegedly based in Florida, and authorized firms in the United States to distribute the infringing song. The court permitted jurisdictional discovery, but plaintiff did not propound any jurisdictional discovery from the Writer Defendants.

Personal jurisdiction. Plaintiff alleged that jurisdiction over the Writer Defendants was proper under two provisions of Florida’s long-arm statute or, alternatively, under Federal Rule of Civil Procedure 4(k)(2), the federal long-arm statute. The court rejected both arguments.

Florida’s long-arm statute. First, the court held that plaintiff failed to satisfy the first step of the personal-jurisdiction inquiry under Florida’s long-arm statute because plaintiff failed to plead sufficient facts. The second amended complaint lacked specific facts supporting the claim that the Writer Defendants committed copyright infringement in Florida, according to the court. Plaintiff did insert additional facts into his Response alleging that the Writer Defendants sought out Karol G, whom they claim is a Florida resident. However, because these supplemental facts were not in the second amended complaint, the court said it cannot consider them in evaluating jurisdiction. Further, even if the court could consider the supplemental facts, the court said they fail to establish that a tortious act was committed in Florida giving rise to the cause of action implicating the Writer Defendants. In addition, the court rejected plaintiff’s assertion that the Writer Defendants “solicited” Karol G because the second amended complaint contained no such allegations.

Federal long-arm jurisdiction. Second, the court held that plaintiff’s claim of federal long-arm jurisdiction over the Writer Defendants is unavailing. Exercising jurisdiction over the Writer Defendants offends due process, even when looking at the entire United States as the applicable forum for minimum contacts. The second amended complaint identified only a single thread tying the Writer Defendants to the United States: a last known address allegedly shared by them in Nashville, Tennessee, which the Writer Defendants disputed. Even if the Writer Defendants had lived at the Nashville address, the court said the allegation is still insufficient to establish personal jurisdiction because plaintiff alleged no nexus between the Nashville property and the causes of action.

The Case is No. 1:24-cv-23066-CMA.

Judge: Altonaga, C.

Attorneys: Evelyn I. Suero (Suero Law, PLLC) for Rene Lorente-Garcia. James George Sammataro (Pryor Cashman LLP) for Carolina Giraldo-Navarro.

Cases: Copyright FloridaNews