A co-writer and featured artist on El Chombo’s 2018 chart-topper “Dame Tu Cosita” claims in a new lawsuit that he hasn’t been fully compensated for the song’s success.
The Jamaican dancehall singer Cutty Ranks (born Philip Thomas) is suing Payday Publishing, Patrick Moxey’s dance music company formerly known as Ultra Music Publishing, for allegedly underpaying his “Dame Tu Cosita” royalties by at least $3 million.
Related
Ranks and El Chombo originally wrote and recorded “Dame Tu Cosita” for the 1997 album Cuentos de la Cripta 2. Two decades later, the song became a social media sensation due to a viral video of an alien dancing to the track. French label Juston Records commissioned El Chombo to record an extended version of the song in 2018, and Karol G and Pitbull later jumped on a remix. The reboot was a huge success; “Dame Tu Cosita” hit No. 1 on Billboard’s Hot Latin Songs chart and No. 36 on the Billboard Hot 100 that year.
It was around this time that Ranks signed a pair of licensing deals with Payday, in which he says the publisher promised to administer the Jamaican artist’s composition rights on “Dame Tu Cosita” and send him at least 75% of the royalties. Ranks now alleges in a Wednesday (March 25) lawsuit that Payday hasn’t paid up.
“Plaintiff and defendant had an agreement for defendant to provide certain percentages of net sums received under the agreement,” writes Ranks’ lawyer, Catherine Gibson. “Defendant has failed to remit such sums and has failed to provide an accounting of such sums. As a result of the failure of defendants to perform the terms, conditions and obligations under the co-publishing agreement and administration agreement, plaintiff has suffered substantial damages to be determined at trial.”
Ranks says he sent a notice of default to Payday last year, but to no avail. He’s now seeking at least $3 million for breach of contract, and he also wants the publisher to reimburse his legal fees for the trouble.
A rep for Payday did not immediately return a request for comment on Wednesday. The company changed its name from Ultra Music Publishing last year after losing a trademark fight with Sony, which bought Moxey’s separate label business, Ultra Records, in 2022.
El Chombo is not involved in the case.
This is not the first time “Dame Tu Cosita” has featured in a legal battle. In 2021, the Jamaican duo Steely & Clevie sued El Chombo, claiming the song infringed their 1989 track “Fish Market.” The case has since ballooned, with Steely & Clevie controversially alleging they invented the classic reggaetón dembow rhythm and that more than 150 different artists, including Bad Bunny, Drake, Daddy Yankee, Luis Fonsi and Justin Bieber, have copied “Fish Market.” That lawsuit remains ongoing, and a major summary judgment ruling is expected soon.
