A Venezuelan songwriter claims that a music publishing company run by the late Willie Colón has failed to pay him more than $300,000 in royalties and that Colón himself took credit for some of his songs.
Amilcar Boscan accused ElMalo Inc., New Rochelle, of unjust enrichment, in a complaint filed on July 20 in U.S. District Court, White Plains.
“Defendant has been exploiting the musical compositions since 1994,” the complaint states, “and collecting royalties from said exploitation.”
Colón, the Bronx-born son of Puerto Rican parents was a composer, arranger, singer and producer who championed salsa music. In 2015, Billboard magazine named him as one of the most influential Latin American musicians of all time.
ElMalo (The Bad One), doing business as Willie Colón Music Co., takes its corporate name from the title song of Colon’s debut album in 1967.
Colón died this past Feb. 21, at age 75.
In 1994, Boscan signed a songwriters contract with Willie Colón Music Co., according to the lawsuit, in which the publisher agreed to pay him 50% of the royalties collected for two songs – “Caer en Gracia” (Make People Like You) and “Talento de Television” (Television Talent) – and to give Boscan royalty reports twice a year.
Boscan claims he never received royalty reports and only occasionally received royalties.
“However, it is inconceivable that the amounts Mr. Boscan has received respecting the compositions are anywhere close to the royalties he is due under the publishing agreement,” Boscan’s lawyer, Matt Greenberg, stated in a July 2024 letter to Colón and El Malo Inc.
“Talento de Television,” for instance, has been streamed or viewed more than a billion times, according to Greenberg. And Colón’s own recording of the song was streamed 430,000 times on Spotify and is his most popular song on that streaming service.
Boscan is the sole author and composer of the songs, according to the lawsuit, but Colón allegedly registered himself as the composer of “Talento de Television” with Broadcast Music Inc., an agency that distributes royalties. He also allegedly took credit for another 11 songs written by Boscan, according to Greenberg’s 2024 letter.
Boscan is demanding at least $300,000, plus punitive damages and disgorgement of all revenues improperly received by ElMalo Inc.
(Translations by Aimee Sanmartin-Heltzel.)
