From Rafael “Rafa” Vergara To All Media and The General Public

June 2, 2010 - PRLog -- (Miami Beach USA. May, 2010) In light of the fact that information about my lawsuit against Coca-Cola has already been published in various media outlets in the US and over the internet, I thought it was important to share my reasons for proceeding with litigation against Coca-Cola for the unauthorized use of the song “Wavin’ Flag (Coca-Cola Spanish Celebration Mix)”. I filed litigation in the Federal District Court in Miami only as a last resort. The Coca-Cola Company was specifically and directly informed that it did not have the authorization to use or exploit the song. Despite this knowledge, Coca-Cola has made it clear that it intends to continue to use my work and to exploit the song even without my consent.

I have been blessed in many ways. For the last fifteen years or more, my career as a songwriter and producer has been on an upward trajectory. I have been honored with various awards, and nominated for numerous others, alongside some of the most relevant artists in the Latin Music Industry. At this time, however, I find myself in a situation where I need to defend my right as a songwriter (indeed the right of all songwriters), which right has been ignored and disregarded by Coca-Cola.

I want to emphasize that the decision to initiate litigation was a painful one. I took the step because Coca-Cola has refused to recognize my work and creativity, and to compensate me in any fashion for my work. Currently the music industry is going through an unprecedented crisis. The songwriters who provide the most important ingredient – the music and lyrics – are taking the brunt of the pain. I hope that in pursuing justice for myself I can strike a blow for all songwriters around the world.

I expect that justice will be served here; that the courts will judge fairly and blindly, and afford no deference to the power of a gigantic, worldwide Goliath. The issue is simple: Songwriters have the right to have their work acknowledged and paid for. This is why I want to share with you a short phrase from this particular song, which eloquently speaks to the notions of defense, justice, freedom and equality. To my professional colleagues, my brothers and sisters, the writers, I send this message:

“Unidos, Seremos grandes, seremos fuertes, somos un pueblo, bandera de libertad”

“United we will be great, we will be stronger, we are the people, a freedom flag.”

Rafa Vergara