Is the Triana group a work protected by intellectual property? This is the claim raised by Eduardo Rodríguez Rodway, the guitarist and the only living member of the original line-up of the mythical Andalusian rock group, in the claim in which he claimed 180. 000 euros to the band’s current vocalist, Juan Reina, for copyright. And it is the question to which a judge of the Commercial Court of Seville has answered. In his order, he dismisses the musician’s claim to understand that he has not “identified with sufficient precision and objectivity an object that constitutes the work susceptible of protection.”
The magistrate maintains that each musical creation “has its own own individuality with respect to its authorship and protection ”, while Rodríguez in his application referred“ in a general way to the global and intellectual work ”, also alluding to the fact that it was a“ universal and imperishable ”work. The judge argues that the guitarist has not proven which specific elements – or songs – can be considered part of that universal and imperishable work and warns that “intellectual property does not protect mere ideas but rather their formal expression in a specific work.” .
During the oral hearing held online last February, Rodríguez’s lawyer assured that Triana is also “a musical genre”; “A way of thinking”; “A cultural legacy.” The judge also rejects this description of the group “due to the absolute lack of evidentiary activity” and because those allegations were incorporated after the object of the trial had been set.
“I’m happy, but really In this trial I was a stone guest, I did not paint anything ”, Juan Reina, who joined the band as a vocalist in 1994, tells this newspaper, when the drummer Juan José Palacios, Tele, beset by financial problems, decided to resurrect the trio, which had stopped performing after the death of the singer and founder of the group, Jesús de la Rosa. Tele had registered the name of the formation in 1974. When the percussionist passed away in 2002, the new members continued to perform. “I’m just another musician, I don’t know why that anger”, Reina laments.
Rodríguez sued Reina and Daniel Martínez, producer and manager of the band, to understand that once the rest of the original members of Triana died, the only heir to their legacy was him. In his application he described the way of operating the formation as a community of goods in which each of its members had an individual participation of 33, 33% on all rights and obligations generated. Rodríguez assumed his aliquot part as his own and independent from that of others, including the moral and patrimonial copyrights as co-author and composer of the global and intellectual work. With this argumentation, he justified that Triana’s legacy “made up a universal and imperishable intellectual work.”
Reina maintains that this demand has its origin in another lawsuit of 2016 promoted , on that occasion, by the current vocalist and the Tele heirs for “illegitimate interference in honor” as a result of some comments that Rodríguez made about them in various media. Although in the first instance a Carmona court agreed with the plaintiffs, last 30 June, the Seville Court reversed the ruling.
The magistrates recognized that the insulting and humiliating expressions made by Rodríguez “although they are imprecise, unfortunate and excessive, do not violate the right to honor of the plaintiffs and are protected by the freedom of expression of a member of the musical group Triana, in frank dissent with the current members of the same and a previous member, being able to be branded as satirical. ”
The current vocalist has confirmed to this newspaper that they have appealed this sentence before the Supreme Court. The trajectory of resentments, betrayals, misunderstandings, resentments and resentments that opens after the death in 1983 of De la Rosa seems to continue on the judicial stage. An ugly legacy that can mute the one that continues to resonate thanks to themes such as Your coldness, I know of a place or A night of desperate love .