The Provincial Court of Madrid has determined that Paco de Lucía, of which today is met The tenth anniversary of his deathhe is the only author of 37 Flemish -style musical works, including works as renowned as ‘Between two waters’, for which he was worldwide recognized.
The issues were registered in the General Society of Authors in shared ownership With the music producer José Torregrosa Alcaraz, who, as collected in the resolution, was limited only to transcribing the works created by Paco de Lucía, a self -taught musician who lacked the preparation to do so, in addition to processing his record in the repertoire of the works entrusted to the management of the SGAE.
It was “an abuse of trust Towards the true creator and author of the works, which never dealt with this kind of efforts until a younger member of his family, specifically his daughter, worried about it and uncovered a situation “to which he has come to Put this sentence.
Faced with this, the heirs of the producer have maintained during the lawsuit that the transcription of the musical creations of Paco de Lucía to the scores were accompanied by the realization of multiple arrangements and modifications, Therefore, it was not limited to a mere transcription work, a thesis that already dismissed the commercial court he knew of the matter in the first instance.
The court ruled out that even in those specific cases in which the presence of some kind of musical arrangement (orchestral) could be detected lacked transcendence necessary that is required to generate a derived work and forced the heirs of the producer to return the amounts that had been perceived by virtue of the exploitation of these works for decades, as well as moral damage.
Expertise of the artist’s work
The magistrates reach this certainty in large part due to the information provided by the expertise of the work of Paco de Lucía, of which There is a significant number of recordings.
In the opinion of the specialists, their compositions are very personal and were based on a series of false falsity between themselves through brief variations, with their introduction and closure, forming a complete work.
“The compositions of Paco de Lucía are of such a technical complexity (which includes chopped and rags of enormous difficulty) that could only be conceived by a guitarist, and in addition to flamenco style,” says the resolution.
The producer, however, was a pianist and not a flamenco musician. His scores They were made from the position of a pianistand although it is true that the composition of a flamenco mass is in its curriculum, it is a choral work.
The judicial decision, which has not yet achieved firmness and can be appealed in cassation before the First Chamber of the Supreme Court, also contemplates the payment on costs to the appellant, in addition to confirming compensation of 10,000 euros for moral damage, imposed by the judgment of origin of the Commercial Court.
Source: Lasexta
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