Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 1 of 12
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`SAN ANTONION DIVISION
`REYNALDO GUZMAN BARRERA, an
`individual,
`
`Case No.
`
`5:24-cv-00435
`
`Plaintiff,
`
`vs.
`
`JURY DEMAND
`
`SEBASTIEN DE LA CRUZ and JUAN DE LA
`CRUZ, individuals,
`
`Defendants.
`
`COMPLAINT
`
`Plaintiff, Reynaldo Guzman Barrera (“Plaintiff”), by and through his attorneys of record,
`
`appears and states by way of the Complaint and alleges the following against Sebastien De La
`
`Cruz (“Sebastien”) and Juan De La Cruz (“Juan”) [collectively, the “Defendants”], based on
`
`information and belief as follows:
`
`I.
`
`JURISDICTION AND VENUE
`
`1.
`
`This action is brought under, and subject matter jurisdiction of this matter is vested
`
`in this Court through, 28 U.S.C. § 1331 (Federal Question Jurisdiction) and § 1338 (action arising
`
`under an Act of Congress relating to trademarks and copyrights). This action is also brought under
`
`the copyright laws of the United States, Copyright Act of 1976, as amended, (17 U.S.C. § 101, et
`
`seq.).
`
`2.
`
`Venue is proper in this action under 28 U.S.C. § 1391 because Defendants do
`
`business within the state of Texas including performances, a substantial part of the harm from the
`
`events or omissions giving rise to the claims occurred in this District, and because Defendants are
`
`subject to personal jurisdiction in this District.
`
`1
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`
`CASE NO.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`SAN ANTONION DIVISION
`REYNALDO GUZMAN BARRERA, an
`individual,
`
`Case No.
`
`5:24-cv-00435
`
`Plaintiff,
`
`vs.
`
`JURY DEMAND
`
`SEBASTIEN DE LA CRUZ and JUAN DE LA
`CRUZ, individuals,
`
`Defendants.
`
`COMPLAINT
`
`Plaintiff, Reynaldo Guzman Barrera (“Plaintiff”), by and through his attorneys of record,
`
`appears and states by way of the Complaint and alleges the following against Sebastien De La
`
`Cruz (“Sebastien”) and Juan De La Cruz (“Juan”) [collectively, the “Defendants”], based on
`
`information and belief as follows:
`
`I.
`
`JURISDICTION AND VENUE
`
`1.
`
`This action is brought under, and subject matter jurisdiction of this matter is vested
`
`in this Court through, 28 U.S.C. § 1331 (Federal Question Jurisdiction) and § 1338 (action arising
`
`under an Act of Congress relating to trademarks and copyrights). This action is also brought under
`
`the copyright laws of the United States, Copyright Act of 1976, as amended, (17 U.S.C. § 101, et
`
`seq.).
`
`2.
`
`Venue is proper in this action under 28 U.S.C. § 1391 because Defendants do
`
`business within the state of Texas including performances, a substantial part of the harm from the
`
`events or omissions giving rise to the claims occurred in this District, and because Defendants are
`
`subject to personal jurisdiction in this District.
`
`1
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`
`CASE NO.
`
`
`
`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 2 of 12
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`3.
`
`The Defendants’ infringing songs and albums are available throughout the United
`
`States via online means, including but not limited to YouTube. On information and believe,
`
`consumers within the District of Texas have downloaded and/or streamed Defendants’ infringing
`
`works. Therefore, Plaintiff’s claims of infringement include acts that happen on a regular basis
`
`within Texas’s jurisdiction.
`
`4.
`
`This Court has jurisdiction over Defendants, in that Defendants have committed
`
`acts of copyright infringement in this judicial district, and reside in the Western District of Texas.
`
`II.
`
`THE PARTIES
`
`5.
`
`Plaintiff is an individual located in Las Vegas, Nevada with a current address of
`
`1587 Seranda Avenue, Las Vegas, Nevada 89169.
`
`6.
`
`Plaintiff is the owner, writer, composer, publisher and author for the lyrics and
`
`music for three compositions entitled “Sin Tin/Without You”, “Invierno Cruel/Cruel Winter”,
`
`and “A Mi Madre/To My Mother” (the “Compositions”).
`
`7.
`
`On December 18, 2000, the United States Copyright Office granted Plaintiff
`
`registration for the work Invierno Cruel/Cruel Winter, resulting in Registration No. PAU 2-538-
`
`356. On November 28, 2018, the United States Copyright Office granted Plaintiff registration of
`
`the works Sin Ti/Without You and A Mi Madre/To My Mother, resulting in Registration Nos.
`
`PAU 3-960-275 and PAU 3-946-037. These three registrations shall be collectively referred to as
`
`the “Registrations.” Plaintiff is the sole owner of the copyrights for the Compositions. Copies of
`
`the Registrations are attached hereto as Exhibit 1.
`
`8.
`
`Plaintiff has also registered the Compositions with the American Society of
`
`Composers, Authors, and Publishers (“ASCAP”). ASCAP is a membership association for
`
`2
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`
`
`
`CASE NO.
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`
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 3 of 12
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`songwriters, composers and music publishers that licenses the registered works and pays the
`
`members their earned royalties.
`
`9.
`
`On information and belief based on Plaintiff’s investigation, Defendants are
`
`residents of San Antonio, Texas.
`
`10.
`
`On information and belief, Defendant Sebastian De La Cruz is a singer and actor
`
`and has released at least three albums and starred in at least three short films.
`
`III. BACKGROUND INFORMATION
`
`11.
`
`In 2012, the parties met through Sebastien’s father and manager, Juan De La Cruz,
`
`before Sebastien would later star on America’s Got Talent and become a national celebrity.
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`12.
`
`In 2019, Juan proposed to Plaintiff that he and Sebastien collaborate together on a
`
`few songs for Sebastien’s upcoming album.
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`13.
`
`In or about July 2019, Plaintiff provided Defendants with a few songs to consider
`
`for Sebastien’s album, including the Compositions.
`
`14.
`
`Defendants were interested in using the Compositions in Sebastien’s album and
`
`asked Plaintiff to provide the lyrics, tracks, masters, and musical guides for the Compositions.
`
`15.
`
`In response to Defendants’ request, Plaintiff produced the Compositions at Mr.
`
`Music’s Musical Studios in Mesquit, Nevada and tailored the Compositions to Defendants’
`
`specific requests based on Sebastien’s voice and style of singing.
`
`16.
`
`In or about October 2019, Sebastien, using the productions made by Plaintiff,
`
`made the pre-recordings of the Compositions and then in March 2020 made the final recordings.
`
`17.
`
`In or about March 2020, Sebastien, through his manager Juan De La Cruz, entered
`
`into a verbal agreement with Plaintiff that any profits made from Plaintiff’s use of the
`
`Compositions would be split evenly between the parties. However, during the parties’ talks
`
`3
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`
`
`
`CASE NO.
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`
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 4 of 12
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`Plaintiff only ever agreed to split 50% of the royalties from the Compositions, but never any
`
`ownership of the Compositions or the copyright rights in the Registrations.
`
`18.
`
`On or about April 2, 2020, Defendants proposed that Plaintiff add Sebastien as a
`
`publisher to Plaintiff’s ASCAP registration in exchange for a 50% share of any profit for the
`
`Compositions determined by ASCAP.
`
`19.
`
`Believing the Defendants would be true to their word, Plaintiff added Sebastien as
`
`editor on ASCAP for the Compositions.
`
`20.
`
`On or about April 25, 2020, Defendants published to YouTube Sebastien’s music
`
`video for the song “Sin Tin/Without You” without Plaintiff’s explicit permission or authorization.
`
`Although Defendants did not have Plaintiff’s permission to use his song, Plaintiff did not ask
`
`Defendants to take the video down at this time because the parties were actively working together,
`
`and Plaintiff was hopeful that the parties would come to an agreement where Plaintiff would be
`
`compensated for Sebastien’s use of the Compositions.
`
`21.
`
`On or around August 2020, Defendants began pressuring Plaintiff to enter into a
`
`Songwriter Collaboration Agreement and a Mechanical License (the “Agreements”) that would
`
`essentially assign 50% of Plaintiff’s copyright rights in the Collaborations to Sebastien and
`
`prevent Plaintiff from receiving any royalties originating from any of Sebastien’s master
`
`recordings of the Compositions.
`
`22.
`
`In September 2020, Plaintiff received numerous harassing messages and phone
`
`calls from Defendants to pressure and try to force Plaintiff into signing the Agreements.
`
`23.
`
`The Defendants would also begin registering the Compositions in only Sebastien’s
`
`name on various online platforms such as Soundcloud and YouTube, from which only the
`
`Defendants received royalties.
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`4
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`
`
`
`CASE NO.
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`
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 5 of 12
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`24.
`
`On or about October 15, 2020, Plaintiff wrote to Defendants that he could not
`
`agree to the terms of the Agreement and reminded Defendants that they had no legal right to use
`
`the Compositions for profit, performance, or to claim ownership in the Compositions.
`
`25.
`
`On November 9, 2020, Plaintiff contacted Sound Exchange to add his name to the
`
`registrations for the Compositions so that Plaintiff could collect his share of the royalties, but
`
`Sebastien denied Plaintiff’s request.
`
`26.
`
`On or about November 17, 2020, Plaintiff sent Defendants a written demand for
`
`Defendants to submit an accounting of any and all royalties Defendants have earned relating to
`
`the Compositions and again reminded Defendants that they did not have the legal rights to or
`
`permissions to use the Compositions. To date Defendants have not provided Plaintiff with an
`
`accounting of the royalties earned relating to the Compositions.
`
`27.
`
`As a last-ditch effort to salvage the parties’ relationship, Plaintiff offered
`
`Defendants a license to use the Compositions for $10,000.00 per song per year, or collectively
`
`$30,000.00 per year for all three works. However, Defendants refused Plaintiff’s offer and Juan
`
`informed Plaintiff that Sebastien no longer intended to use the Compositions in Sebastien’s album
`
`or otherwise and would cease all use of the Compositions.
`
`28.
`
`Yet, months later Sebastien would later release the album “El Charro de Oro”
`
`which comprises all three of the Compositions.
`
`29.
`
`In late April of 2021, Plaintiff discovered that despite Defendants’ promises to
`
`discontinue all use of the Compositions, Sebastien had released an album with the Compositions
`
`which could be accessed on many different music platforms.
`
`30.
`
`On or about December 22, 2021, Plaintiff contacted ASCAP seeking to remove
`
`Sebastien as editor of the Compositions.
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`5
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`
`
`
`CASE NO.
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`
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 6 of 12
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`31.
`
`Sebastien denied Plaintiff’s request to ASCAP even though he knew he had no
`
`right to do so. Therefore, ASCAP responded to Plaintiff indicating that to make the requested
`
`change Plaintiff would need to submit a joint-agreement from the parties or a court order.
`
`32.
`
`To the best of Plaintiff’s knowledge, the Defendants have since removed the
`
`Compositions from iTunes, Spotify and other music streaming sources except from Juan’s
`
`YouTube Account.
`
`33.
`
`Plaintiff owns all exclusive rights, including without limitation the rights to
`
`reproduce the copyrighted works within Plaintiff’s Registrations, to prepare derivative works
`
`based upon Plaintiff’s Registrations, and to distribute copies of Plaintiff’s Registrations to the
`
`public.
`
`34.
`
`Defendant had access to Plaintiff’s Compositions and has intentionally
`
`incorporated Plaintiff’s copyrighted works into his album in order to financially benefit from
`
`Plaintiff’s creations.
`
`35.
`
`Defendants’ exploitation of Plaintiff’s copyrighted works for Defendants’ own
`
`financial gain constitutes infringement of Plaintiff’s intellectual property rights in the
`
`Compositions.
`
`36.
`
`Defendants’ infringing acts were willful, intentional, and purposeful, and in
`
`disregard of and with indifference to Plaintiff’s rights.
`
`IV. COUNT I
`
`FEDERAL COPYRIGHT INFRINGEMENT
`
`(17 U.S.C. §§ 106 AND 501, et seq.)
`
`37.
`
`Plaintiff hereby re-alleges and incorporates each and every allegation set forth in
`
`Paragraphs 1-36 as if the same was more fully set forth herein.
`
`6
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`
`
`
`CASE NO.
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`
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 7 of 12
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`38.
`
`Plaintiff’s Compositions constitute original works and copyrightable subject
`
`matter pursuant to the Copyright Act, 17 U.S.C. §§ 101, et seq.
`
`39.
`
`Plaintiff has complied with the registration requirements of 17 U.S.C. § 411(a) for
`
`Plaintiff’s Registrations, as protected by U.S. Copyright Registration Nos. PAU 3-960-275, PAU
`
`3-946-037, and PAU 2-538-356 which were duly issued to Plaintiff by the United States
`
`Copyright Office.
`
`40.
`
`At all relevant times, Plaintiff has been and still is the owner of all rights, title, and
`
`interest in Plaintiff’s Registrations, which have never been assigned, licensed, or otherwise
`
`transferred to Defendants in any way.
`
`41.
`
`Plaintiff’s Registrations are published and available to Defendants online as well
`
`as being made available to Defendants through the parties’ attempts at collaboration. As such,
`
`Defendants clearly had access to Plaintiff’s Registrations.
`
`42.
`
`Defendants had actual or constructive notice of Plaintiff’s copyright ownership in
`
`and to the Compositions.
`
`43. Without authorization from Plaintiff, or any right under the law, Defendants have
`
`deliberately copied, displayed, distributed, reproduced and made derivative works incorporating
`
`Plaintiff’s Compositions on Sebastien’s album and Juan’s YouTube account. Defendant’s
`
`unauthorized reproduced and derivative works are identical to the works provided by Plaintiff
`
`that utilize Plaintiff’s Registrations. Such conduct is a deliberate infringement of Plaintiff’s
`
`intellectual property rights.
`
`44.
`
`Defendants have unlawfully appropriated Plaintiff’s protectable Compositions for
`
`a commercial purpose without authorization to do so in derogation of Plaintiff’s rights under 17
`
`U.S.C. §§ 106(1)-(3).
`
`7
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`
`
`
`CASE NO.
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`
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 8 of 12
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`45.
`
`On information and belief, Defendants’ infringement has been willful, intentional,
`
`and purposeful, and in disregard of and with indifference to Plaintiff’s intellectual property rights.
`
`46.
`
`Defendants’ aforesaid acts have caused and will continue to cause Plaintiff to
`
`suffer damages and irreparable injury, and unless such acts are restrained by this Court through
`
`preliminary and/or permanent injunctive relief, such acts will be continued, and Plaintiff will
`
`continue to suffer damages and irreparable injury. Plaintiff is entitled to injunctive relief through
`
`17 U.S.C. § 502.
`
`47.
`
`As a direct and proximate result of its wrongful conduct, Plaintiff has suffered and
`
`will continue to suffer actual damages in addition to Defendants’ profiting and continuing to profit
`
`from its wrongful conduct. Accordingly, Plaintiff seeks an award of damages pursuant to 17
`
`U.S.C. § 504. Plaintiff further seeks an accounting for all profits made by defendants and an
`
`equitable disgorgement of Defendants’ profits as a result of their conduct.
`
`48.
`
`Alternatively, Plaintiff is entitled to, and may elect to choose statutory damages
`
`pursuant to 17 U.S.C. § 504(c), which should be enhanced by 17 U.S.C. § 504(c)(2) because of
`
`Defendants’ willful copyright infringement.
`
`49.
`
`Plaintiff seeks and is also entitled to recover reasonable attorneys’ fees and costs
`
`of suit pursuant to 17 U.S.C. § 505.
`
`50.
`
`Additionally, the Court should enter an order requiring Sebastien to remove his
`
`name as the editor, composer or contributor on the Compositions on any registration or forum.
`
`V.
`
`COUNT II
`
`UNJUST ENRICHMENT
`
`51.
`
`Plaintiff hereby re-alleges and incorporates each and every allegation set forth in
`
`Paragraphs 1-50 as if the same was more fully set forth herein.
`
`8
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`
`
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`CASE NO.
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`
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 9 of 12
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`52.
`
`As a result of Defendants’ actions as stated herein, Defendants have been unjustly
`
`enriched and, at the same time, is causing a loss of revenue in the form of royalties to Plaintiff to
`
`Plaintiff’s detriment.
`
`53.
`
`Circumstances are such that it would be inequitable to allow Defendants to retain
`
`the benefit of the royalties earned from works that infringed Plaintiff’s copyright rights.
`
`54.
`
`Defendants have accepted and retained the benefit of the unjust enrichment from
`
`his wrongful conduct.
`
`55.
`
`There is no express, written contract between the parties that would allow for
`
`Defendants to retain the benefit of the unjust enrichment from his wrongful conduct described
`
`herein.
`
`56.
`
`Plaintiff is entitled to recover from Defendants his unjust enrichment including
`
`gains, profits, and advantages obtained as a result of his wrongful conduct. Sebastien should also
`
`be prevented from retaining the benefit of the unjust enrichment in the form of being named as
`
`editor, composer, or contributor for the Compositions.
`
`57.
`
`At this time, Plaintiff is unable to determine the full extent of the gains, profits,
`
`and advantages Defendants have obtained by reason of his wrongful conduct.
`
`58.
`
`Therefore, Plaintiff seeks damages based on Defendants’ unjust enrichment in an
`
`amount to be proven at trial.
`
`59.
`
`The Court should further order Sebastien to relinquish his position as editor of the
`
`Compositions on ASCAP.
`
`
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`9
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`CASE NO.
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 10 of 12
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`VI.
`
`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
`
`1.
`
`2.
`
`For judgment in favor of Plaintiff against Defendants on all claims;
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`That pursuant to 17 U.S.C. § 502 and its inherent equitable powers, the Court issue
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`a permanent injunction restraining and enjoining Defendants from reproducing, distributing copies
`
`of, making derivative works of, or publicly performing Plaintiff’s copyrighted works in Plaintiff’s
`
`Registrations;
`
`3.
`
`That pursuant to 17 U.S.C. § 502 and its inherent equitable powers, Sebastien’s
`
`infringing songs permanently removed from all online platforms and Defendants be permanently
`
`restrained from future infringement of Plaintiff’s Registrations;
`
`4.
`
`That pursuant to 17 U.S.C. § 504, Plaintiff recover actual damages and Defendants’
`
`profits, such sums to be proven at trial;
`
`5.
`
`Alternatively, and at Plaintiff’s election prior to any final judgment being entered,
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`Plaintiff is entitled to the maximum amount of statutory damages provided by law, $150,000 per
`
`work infringed, pursuant to 17 U.S.C. § 504(c), or for any other such amount as may be proper
`
`pursuant to 17 U.S.C. § 504(c);
`
`6.
`
`That Defendants be ordered to pay all of Plaintiff’s attorney fees and costs
`
`associated with this action pursuant to 17 U.S.C. § 505.
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`Awarding pre- and post- judgment interest.
`
`Awarding Plaintiff such other and further relief as this Court deems is just and
`
`7.
`
`8.
`
`proper.
`
`
`
`
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`10
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`
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`CASE NO.
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`
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 11 of 12
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`Jury Trial Demand
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`Plaintiff hereby demands a jury trial on all issues so triable.
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`
`Dated this 25 day of April 2024
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`
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`
`
`BAYRAMOGLU LAW OFFICES LLC.
`By:
`/s/Adam Livingston
`
`
`
`Adam Livingston, Esq.
`1540 West Warm Springs Road, Suite 100
`Henderson, Nevada 89052
`(702) 462-5973
`adam@bayramoglu-legal.com
`Attorneys for Plaintiff
`
`
`
`
`
`
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`11
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`CASE NO.
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 12 of 12
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`CERTIFICATE OF SERVICE
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`I hereby certify that on the 25th day of April 2024, I electronically filed the foregoing
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`document with the clerk of the court for the U.S. District Court, Western District of Texas, using
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`the electronic case filing system of the court. The electronic case filing system sent a “Notice of
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`Electronic Filing” to the attorneys of record who have consented in writing to accept this Notice
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`as service of this document by electronic means.
`
`
`
` By: /s/ Adam Livingston
` ADAM LIVINGSTON, ESQ.
`
`
`
`12
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`
`
`
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`CASE NO.
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`
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