Unjust Enrichment Claims Against Publishers Partially Preempted by the Copyright Act

Berrios-Nieves v. Fines-Nevarez, No. 18-cv-1164-JAG, 2020 WL 981671 (D.P.R. Feb. 28, 2020)

The U.S. District Court for the District of Puerto Rico partially dismissed Plaintiff Luis Berrios-Nieves’ complaint for unjust enrichment and collection of money against Defendants Warner Chappell Music and Sony/ATV. The court found that Plaintiff’s claims for unjust enrichment were preempted by the federal Copyright Act because it was based on the “Defendants’ misattribution of ownership over the musical, which was “equivalent in substance to a copyright infringement claim.” Similarly, the court held that Plaintiffs claims for collection were preempted by the Copyright Act to the extent that they were not based on a contract with co-defendants, which would require application of state contract law and avoid preemption. The court reasoned that such claims were preempted because they are the equivalent of a claim for accounting or compensation based on the Plaintiff’s status as a co-owner of a copyright under the Copyright Act. Additionally, the court granted Defendants’ motion to dismiss all of Plaintiff’s copyright claims relating to Plaintiff’s albums finished before March 25, 2015 because they were barred by the Copyright Act’s three-year statute of limitations.