The Court determines that Paco de Lucía is the sole author of 'Entre dos aguas' and 36 other pieces
The Provincial Court of Madrid has determined that Paco de Lucía , whose tenth death anniversary is today, is the sole author of thirty-seven musical works in the flamenco style, including such renowned works as Entre Dos Aguas , for which he was world-renowned, according to a ruling, to which Europa Press had access.
The songs were registered with the Sociedad General de Autores under shared ownership with the music producer José Torregrosa Alcaraz, who, according to the resolution, was limited to transcribing into sheet music the works created by Paco de Lucía, a self-taught musician who lacked the training to do so, in addition to processing their registration in the repertoire of works entrusted to the management of the SGAE.
This was a "breach of trust towards the true creator and author of the works, who never took care of this kind of arrangement until a younger member of his family, specifically his daughter, became concerned about it and uncovered a situation" to which this sentence has put an end.
Read also Paco de Lucía, the magician of the six strings Sergio Lozano
In response to this, the producer's heirs have maintained during the lawsuit that the transcription of Paco de Lucía's musical creations into sheet music was accompanied by multiple arrangements and modifications, and was therefore not limited to mere transcription work, a thesis that was already rejected by the commercial court that heard the case in the first instance.
The court ruled that even in those specific cases where the presence of some kind of musical arrangement (orchestral) could be detected, it lacked the necessary significance required to generate a derivative work and forced the heirs of the producer to return the amounts that had been received by virtue of the exploitation of those works for decades, as well as the moral damages.
The judges have reached this certainty largely due to the information provided by the expert appraisal of Paco de Lucía's work, which includes a significant number of recordings.
Expertise of the workAccording to specialists, his compositions are very personal and were based on a series of falsetas linked together by means of brief variations, with their introduction and closing, forming a complete work.
“Paco de Lucía’s compositions are of such technical complexity (including extremely difficult staccato and strumming) that they could only have been conceived by a guitarist, and in a flamenco style,” the resolution states. The producer, however, was a pianist and not a flamenco musician. His scores were prepared from the position of a pianist, and although it is true that his CV includes the composition of a flamenco mass, it is a choral work.
The court decision, which has not yet become final and can be appealed in cassation before the First Chamber of the Supreme Court, also provides for payment of costs to the appellant, in addition to confirming the compensation of 10,000 euros for moral damages, imposed by the original judgment of the Commercial Court.
Read alsoIn this regard, and beyond the recognition of the authorship of the set of musical pieces, the judges focus in a singular way on the moral damage caused to the artist.
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