Coca-Cola Copyright Infringement Suit in Miami Concluded

MARK TERRY, ESQ.

A federal court in South Florida addressed a dispute over a Spanish-language version of the song “Wavin’ Flag,” created for Coca-Cola’s 2010 World Cup promotion.

The artist who translated and produced the song agreed to create the work for nominal compensation, but expected to receive credit for his contribution. The final agreement presented to him did not include the requested credit.

After negotiations failed, the artist attempted to revoke Coca-Cola’s permission to use the Spanish lyrics and sought an injunction preventing further use of the work.

Coca-Cola argued that the work had been created as a work made for hire. The court rejected that position and found that the translator retained copyright ownership in his Spanish-language contribution.

The court also concluded that the artist could revoke the nonexclusive license because the agreed consideration had not been paid. Continued use without proper credit created a risk of irreparable harm.

Rather than completely block the song’s distribution, the court balanced the competing interests and required Coca-Cola to provide prominent credit to the artist while allowing the promotional campaign to continue.

The decision demonstrates why creative engagements should clearly address ownership, compensation, licensing, attribution, and work-for-hire status before a work is delivered or distributed.