✍️ Introduction
The recent controversy involving Mexican singer Angela Aguilar and the heirs of Rocío Dúrcal has reignited the debate over the boundaries between artistic creativity and copyright infringement. The issue centers on the reinterpretation of the iconic Spanish-language song La gata bajo la lluvia, retitled as Invítame a un café, in collaboration with producer Steve Aoki. But how far can a protected work be modified without violating the law?
In this article, we explore the legal aspects of the case from a comparative perspective and analyze what would have happened if this situation had occurred in Costa Rica.
❓What happened with La gata bajo la lluvia?
Angela Aguilar and Steve Aoki released a remix version of the famous 1980s ballad originally performed by Rocío Dúrcal. Their version, titled Invítame a un café, kept the melody and lyrics nearly unchanged but was registered with new songwriting credits, sparking strong criticism. Aguilar even admitted she was unclear about the legal permissions required to record a “cover.”
⚖️ When is a musical version legally valid?
In general, any reinterpretation or adaptation of a protected work must have the explicit consent of the copyright holder. This includes recordings, remixes, translations, or any public use. Moreover, to be considered a valid “derivative work,” the new version must incorporate original and distinctive elements, not just a title change.
⚖️ What does Costa Rican law say about such cases?
In Costa Rica, Law No. 6683 on Copyright and Related Rights clearly states that the use of a protected musical work — including adaptations, translations, or arrangements — requires prior authorization from the original author or their representatives.
Key points of the Costa Rican legal framework:
- Derivative works require permission: Article 1 of Law 6683 protects both original and derivative works, but the latter must be authorized by the original rightsholder.
- Changing the title is not enough: While Article 12 protects original titles, changing the name does not exempt one from obtaining a license for the content. Invítame a un café, if it preserves the melody and lyrics, would still be legally considered La gata bajo la lluvia.
- Moral rights are inalienable: The author or their heirs can oppose changes that harm the integrity or reputation of the work (Article 14).
- Registration does not grant authorship: In Costa Rica, registering a song merely declares an existing right. An artist may register their interpretation (related rights), but not authorship unless they composed the work (Articles 77–84).
⛔️ What are the risks of skipping these permissions?
Without the necessary authorizations, publishing, distributing, or publicly performing an adapted version may constitute a copyright infringement, subject to:
- Law No. 8039, which allows precautionary measures such as withdrawal of copies, suspension of distribution, or digital takedown.
- Penal Code, Article 231, which defines unauthorized reproduction or public communication as a criminal offense, punishable by imprisonment and fines.
Additionally, any public communication of the work, such as its use in concerts, digital platforms, or commercial venues, requires a license managed by ACAM (Asociación de Compositores y Autores Musicales).
🧱 What if this case had occurred in Costa Rica?
If this situation had taken place in Costa Rica, the title change would have been legally valid only if it was part of a proper licensing agreement. Without that authorization, the version released by Angela Aguilar and Steve Aoki would have infringed both the moral and economic rights of the original author, Rafael Pérez Botija. Even if Aguilar registered the track as a performer, that would not make her the author or rights holder of the composition.
🤝 Get legal advice before adapting protected works
The Invítame a un café case shows how creative decisions can lead to legal conflicts when copyright rules are overlooked. At ERP Lawyers, we assist artists and producers in managing licenses, related rights, and intellectual property to safeguard their musical or creative projects.
📩 Contact us today for expert advice on copyright and intellectual property law in Costa Rica.
