IP Law Daily, COPYRIGHT—C.D. Cal.: Copyright infringement claim against producer of an allegedly infringing song can go forward for now, (Jun 10, 2025)

By Matthew Hersh, J.D.

Allegations that the producer had access to the work and was credited on the allegedly infringing song, even without more detail, were enough to make out a federal claim.

A lawsuit against a music producer over the unlicensed use of three guitar loops in a pair of popular songs by a rising Colombian reggaeton performer adequately stated a claim of copyright infringement because it alleged that the producer had access to the allegedly purloined loops and was given songwriting and producing credit on the allegedly infringing works, the federal court for Los Angeles has held. The court, in rejecting the music producer’s motion to dismiss, found that it did not matter at this stage of the proceedings that the lawsuit did not allege precisely how the producer specifically participated in the alleged infringement (Graux v. Universal Music Group, Inc., No. 1:24-cv-25083-BB (S.D. Fla. Jun. 9, 2025)).

The lawsuit was brought by Sébastien Julien Alfred Graux, a Belgian producer who specializes in creating guitar loops for other artists. The producer claims that one of his guitar loops was used without his permission on Ferxxo 100 and X20X, two songs by rising Colombian singer-songwriter Salomón Villada Hoyos (better known by his stage names Feid and Ferxxo). The lawsuit also names music Alejandro Ramírez Suárez—otherwise known as Sky Rompiendo—as well as a host of other individuals and corporate entities allegedly behind the infringing release.

The producer, Suárez, moved to dismiss the complaint as against him, leading to this opinion.

Shotgun pleading. The court first rejected Suárez’s argument that the complaint was an impermissible “shotgun pleading.” A complaint will be dismissed as a shotgun pleading, the court noted, where it is “replete with allegations that the defendants engaged in certain conduct but makes no distinction between the defendants charged, and it is improbable that all defendants are responsible for the alleged conduct.” But the complaint in this case, the court observed, adequately alleged that all of the defendants—including the producer—were “alleged to have contributed to the writing and production of the songs at issue.” Moreover, the court noted, the complaint specified the wrongdoing attributed to the producer because it asserted that the two songs “credit[ed] Suárez as a writer and producer.” The complaint therefore gave the producer “adequate notice of the claims brought against him.”

Adequacy of the claim of copyright infringement. The court also found that the complaint adequately stated a claim of copyright infringement against Suárez. The producer argued that Graux failed to allege copying because he alleged only that he gave the guitar loops to another of Feid’s collaborators—music producer Johan Esteban Espinosa Cuervo, aka Jowan—during a session in which Suárez was not present. But at this early stage of the proceedings, the court emphasized, that did not matter. Although the complaint “does not specifically allege that Suárez participated in the alleged infringement,” the court noted, “it does demonstrate that Suárez had access to Graux’s guitar loops that were ultimately used in the unauthorized works of which Suárez was a writer and producer.” That was enough for the complaint to move forward.

Statutory damages and attorney fees. Finally, the court refused to strike the claim of statutory damages and attorney fees from the complaint. Suárez argued that the copyrights to the guitar loops were not registered prior to the time of the alleged infringement—which, if true, would mean that statutory damages and attorney fees could not be awarded. But that was “a question of fact that is not appropriate for resolution at this stage,” the court found. For now, at least, the claims would remain in the case.

The Case is No. 1:24-cv-25083-BB.

Judge: Bloom, B.

Attorneys: Ari Wininger (Eisner, LLP) for Sebastien Julien Alfred Graux. James George Sammataro (Pryor Cashman LLP) for Universal Music Group Inc.

Companies: Universal Music Group Inc.

Cases: Copyright CaliforniaNews