Borrego v. BMG U.S. Latin
Opinion of the Court
MEMORANDUM
Jorge Borrego, the author of the song “Brujería,” appeals pro se the district court’s summary judgment dismissing his action based on the 1999 re-release by one of the defendants, BMG U.S. Latin,
We affirm the grant of summary judgment against Borrego’s Lanham Act claim. Under Dastar v. Twentieth Century Fox, 539 U.S. 23, 123 S.Ct. 2041, 156 L.Ed.2d 18 (2003), Borrego no longer has a claim for “reverse passing off.”
While Borrego had standing to bring the copyright claim under this court’s recent decision in Silvers v. Sony Pictures Entertainment, Inc., 330 F.3d 1204, 1205 (9th Cir. 2003), we affirm the grant of summary judgment. Defendants had a defense to Borrego’s claim because they obtained a license from and paid royalties to the Cartagena Publishing, Inc., the owner of the copyright, before Cartagena assigned its interest in the copyright claim to Borrego. See Worldwide Church of God v. Philadelphia Church of God, 227 F.3d 1110, 1114 (9th Cir. 2000); see also Camarillo v. McCarthy, 998 F.2d 638, 639 (9th Cir. 1993) (“In the absence of a showing of prejudice ... an affirmative defense may be raised for the first time at summary judgment.”).
Because damages are an element of each of Borrego’s six independent state law claims and he failed to offer competent evidence of damages, we affirm the grant of summary judgment against his claims
The judgment of the district court is AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. BMG Music, does business under the names BMG U.S. Latin, BMG Entertainment, BMG Distribution, BMG Music International Services and RCA/Ariola International.
Reference
- Full Case Name
- Jorge BORREGO v. BMG U.S. LATIN, form unknown BMG Entertainment, form unknown BMG Music, form unknown BMG Distribution BMG Music International Service, form unknown RCA/Ariola International, form unknown Chayanne, an individual, Defendants—Appellees
- Cited By
- 2 cases
- Status
- Published