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Judge Changes Mind, Rules for Coca-Cola in Suit by Songwriter

By John Pacenti

Miami Beach songwriter Rafael “Rafa” Vergara Hermosilla bested Coca-Cola in 2010 when a federal judge issued an injunction in Vergara's fight for credit for the international mega hit of “Wavin' Flag” in Spanish. But litigation is a marathon, not a sprint, and Coca-Cola recently won the more important Round 2. Federal District Judge K. Michael Moore, of the Southern District of Florida, has granted Coca-Cola's renewed motion for summary judgment, dismissing Vergara's claim of copyright infringement by noting that when Vergara wrote the Spanish translation version of “Wavin' Flag,” he assigned the rights of his work to Universal Music Group. Hermosilla v. The Coca-Cola Co., 10-21418.

In a footnote, however, the judge opened the door for a breach-of-contract suit by Vergara against the soft-drink maker for failing to deliver on a promise to give him songwriting credit. “This court takes no position on the issue of whether Coca-Cola has, in all instances, provided adequate attribution to Vergara under the assignment contract,” Moore wrote.

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