Rafael Ithier on Charlie Aponte’s counterclaim: “He’s not nice”

Musician Rafael Ithier, the leader of Puerto Rico’s El Gran Combo, was spared in his remarks about the counterclaim filed Wednesday by singer Charlie Aponte regarding the payment of royalties through the well-known copyright management system, such as SoundExchange.

“This is in the hands of lawyers,” he told a news conference today at the Puerto Rico Tourism Company’s Old San Juan facility to present the group’s new album. In quarantine. “This has been working for some time,” he added, revealing that he was “asleep” when he received the news.

In a part with Primera Hora, the director expressed his feelings after the claim that started a few years ago, just before the lawsuit was filed against Aponte in 2019.

“It’s not nice,” he said of the singer’s decision, with whom he has had a relationship of just over four decades of work. “But everyone has their right, because surely everyone has it,” he said, noting that it was seen in a way, but maybe it was a little exaggerated, the promotion, because I don’t think that’s all. You simply have the right to do that. I have a right too. Everyone has rights, so let the lawyers decide. “

In turn, Ithier revealed his interest in the process having a harmonious result.

“Lawyers will tell me what is best, because I am a musician. They will tell me what I should do to make things work in harmony. “

Aponte responded with a counterclaim to the musician after, on March 12, federal Judge Jay Garcia Gregory rejected a motion to dismiss Ithier’s lawsuit regarding the payment of royalties to Aponte through SoundExchange.

In the motion filed by Aponte, the artist argued that Ithier’s trial did not present issues that would give the Federal Court jurisdiction to examine the application.

In November 2019, the director of the Universidad de la Salsa, represented by lawyer Roberto Sueiro del Valle, filed a lawsuit before the Federal Court against Aponte for his claim for royalties, which, according to Ithier, do not correspond to him. The lawsuit establishes that Aponte was only an employee of the group, so he is not entitled to royalties from homework. After 41 years in the group, Aponte’s departure took place on December 31, 2014 to start his solo career.

It follows from the trial that Aponte’s request for payment arose two years ago, as he was the principal performer of the songs recorded by El Gran Combo. However, in his application, Ithier requests that he be declared the sole owner with the right to collect royalties from SoundExchange and that Aponte be declared an employee of El Gran Combo de Puerto Rico, without the right to collect them.

In the counterclaim filed this week, Aponte asks the Federal Court to establish that he is entitled to receive royalties from SoundExchange as a participant in the group’s recordings, as he is the lead voice of more than 200 songs recorded by El Gran Combo de Puerto Rico.

He also demands that the musician pay him royalties already collected from SoundExchange and which have not been distributed to the musicians. Under the royalty distribution agreement, the document establishes a payment of 45% to the “principal interpreter” and 5% to the non-principal interpreter or ratists appearing in that recording or sound.

Following Aponte’s claim, SoundExchange stopped payments to Ithier until the case was resolved in court.