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FL Federal Court Rules 'Despacito' Doesn't Infringe on 'Despasito'
Federal Judge Kathleen Williams recently analyzed the hit song "Despacito" in a copyright lawsuit in the U.S. District Court for the Southern District of Florida, when she found its writers had not copied an earlier Spanish song with the same name. Cortes v. Universal Music Latino, 19-22813.
District Judge Williams first noted that "the Court limits its focus on the second element of a copyright infringement claim: copying of constituent elements of the work that are original. Plaintiff admits that he cannot establish copying with direct evidence. Thus, to prevail on his claim, Cortes must establish that Defendants had access to [his song] 'Despasito,' and that the competing works are substantially similar at the level of protected expression. Here, to resolve Defendants' motions, the Court need only focus on the case dispositive issue of substantial similarity."
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