ST LOUIS (LALATE EXCLUSIVE) – Major League Baseball is being sued during the World Series for a song that has dominated its baseball broadcasts this season, LALATE can exclusively report. On Thursday, MLB continued the Rangers – Cardinals World Series. But that same day, a famous music group commenced their copyright infringement lawsuit against MLB; the suit concerns the plaintiffs’ song which has been used repeatedly by MLB during this baseball season. The music group claims that MLB has been using their song on MLB television programs, leading up the World Series including “Thursday Night Baseball”, without permission or compensation.

The lawsuit of Yesh Music, Inc. et al v. MLB Network, LLC was filed Thursday in New York Eastern District Court. Yesh Music, Richard Cupolo, and John Emanuele are the plaintiffs. “Twelve Days Awake” is a famous song previously released by The American Dollar, an American post rock/ambient band featuring Cupolo and Emanuele.

In February 2010, the songwriters and MLB reportedly began communicating about MLB’s future use of “Twelve Days Awake”. From April to September that year, MLB Networks allegedly obtained a license for to use the song for sixty days.

The song was then allegedly used by MLB with authorization during that period on MLB Network TV shows “MLB Tonight”, “Quick Pitch”, “Thursday Night Baseball”, “On Deck Circle”, “Hot Stove” and “Batting Practice”. The license allegedly expired on June 8, 2010.

But MLB is accused of exceeding their alleged license and using the “Twelve” song, after June 8, without authorization and payment. Plaintiffs claim MLB allegedly began to do the same with the plaintiffs’ other song “Signaling Through the Flames”.

The songwriters are suing MLB for multiple causes of actions including willful copyright infringement. The complaint appears to alleged roughly one dozen infringements; by statute, the plaintiffs are seeking $150,000 per infringement. MLB has yet to comment about the matter (PDF here).

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CORAL GABLES (LALATE) – Juliana Ramirez, Manny Ramirez’s wife, suffered domestic violence, claimed a D.A. today. Juliana Ramirez (photos below) suffered domestic violence back earlier this month claimed prosecutors Friday, charging her husband with misdemeanor domestic violence and battery.

The Broward State Attorney’s Office charged Ramirez today, asserting that Manny Ramirez slapped his wife’s face in September causing her head to smack a bedroom headboard.

On or around September 13, Juliana Ramirez told investigators that Manny hit her head with an open hand. She said that the impact caused her head to slam against a bedboard, causing more injuries.

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Police previously told news that Juliana suffered facial swelling and a contusion on the back of her head. Manny Ramirez retired from Major League Baseball after he tested positive for performance enhancing substances. While he was previously with the Dodgers, Ramirez was issued a 50 game suspension.

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Manny Ramirez has yet to comment about today’s charges. MLB previously told news that if Ramirez sought baseball reinstatement in the future, he would have to undergo MLB’s program before being reconsidered.

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CORAL GABLES (LALATE) – Juliana Ramirez, Manny Ramirez’s wife (photos below), remains silent today following the arrest of Manny Ramirez for alleged domestic violence. Juliana Ramirez called Florida police after she allegedly suffered a hit during an alleged dispute in the family’s residence.

Juliana Ramirez on Monday night told Broward Sheriff’s Office that she was hit with an open hand. The police report claims that, following the alleged hit, Juliana Ramirez’s head hit her bedboard causing more injuries.

Police responding to the residence assert that Juliana Ramirez had facial and head injuries. Police claim Juliana suffered facial swelling and a contusion on the back of her head.

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Manny Ramirez during his first season with the Tampa Bay Rays tested positive for performance-enhancing substances during spring training. Ramirez later retired from the MLB. “Major League Baseball recently notified Manny Ramirez of an issue under Major League Baseball’s Joint … Prevention and Treatment Program,” MLB said in a news statement.

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“Rather than continue with the process under the program, Ramirez has informed MLB that he is retiring as an active player. If Ramirez seeks reinstatement in the future, the process under the … Program will be completed.” The Rays said at the time “We are obviously surprised and disappointed by the news.”

As reported previously on LALATE, Ramirez was issued a 50 game suspension with the Los Angeles Dodgers. In his news statement at the time, Ramirez apologized to the Dodgers and the City of Los Angeles but made no mention about his family.

“I want to apologize to Mr. McCourt, Mrs. McCourt, Mr. Torre, my teammates, the Dodger organization, and to the Dodger fans. L.A. is a special place to me and I know everybody is disappointed. So am I. I’m sorry about this whole situation.”

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CORAL GABLES (LALATE) – Robinson Cano became the winner of the MLB Home Run Derby 2011 tonight. Robinson Cano delivered impressive results during the Home Run Derby’s initial round. I the final round, Cano needed eleven home runs to defeat Adrian Gonzalez. With six outs, Cano did it. Yet, compared to previous years, tonight’s Home Run Derby featured far less home runs overall.

Robinson Cano was the second place leader after the first round delivering eight home runs behind Adrian Gonzalez’s nine. But for All-Star spectators, some hitters just couldn’t deliver home runs tonight. Matt Kemp produced a mere two home runs, Rickie Weeks struggles with three, and Matt Holliday produced exactly the same number that eliminated him from last year’s competition in the first round.

In recent years, five home runs would not have gotten you to the second round. But after Prince Fielder, David Ortiz and Matt Holliday did exactly that tonight, they went to a swing-off. Fielder and Ortiz won the swing off.

In round two, the Home Run Derby slowed even more. Fielder and Ortiz delivered less home runs, bringing their two round total to only nine home runs, respectively. Cano and Gonzalez, however, took off. By the end of the second, both were tied with twenty home runs overall.

Cano and Gonzalez advanced to the finals while the captains and previous champs, Ortiz and Fielder, were eliminated. In the finals, Gonzalez delivered his best round yet, eleven home runs. For his career, Gonzalez has had 602 home runs; this season he’s delivered seventeen.

Cano, in contrast, has had 132 home runs in his career, fifteen this season to date. Cano needed eleven home runs to win. He reached twelve with only six outs. Final details HERE.

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ST LOUIS (LALATE) – Tonight’s MLB Home Run Derby 2011 results for round one surprised MLB All Star fans. The format and hence lineup for your Home Run Derby 2011 was a dramatic change compared to last year. That appears to have impacted the results as of the first round, for the worse. Last year it would have been shocking to see a player hit a mere three home runs in a round. Tonight it was apparently the norm. Some players tonight have had difficulty even hitting two home runs in the 2011 Derby.

Last year’s first round results featured four participants (David Ortiz, Hanley Ramirez and Miguel Cabrera) all heating seven home runs or more. Last year, Cabrera made the cut with just seven. Ortiz had eight, Ramirez had nine and Hart had an incredible thirteen.

Tonight, the numbers plummeted in the first round. Jose Bautista and Rickie Weeks delivered a meek four and three home runs respectively. Matt Kemp barely was able to hit a single home run. With nine outs, he finally delivered two home runs.

Last year, Matt Holliday didn’t make the cut to the second round with five home runs. This year he was no better, delivering five home runs again.

Robinson Cano and Adrian Gonzalez, however, impressive with eight and nine home runs in the first round respectively. And how about prior winner David Ortiz? Ortiz delivered only five in the first round.

Has the new format impacted tonight’s results? New for this year, MLB chose team captains and those team captains chose the hitters.

The top four scoring hitters advance, the bottom four are eliminated. Batters get ten possible “outs” per round. An “out” is any swing that doesn’t result in a home run. They don’t have to swing at every pitch.

The format for scoring is the following. The highest top four scoring players advance to round one. After round 2, the two players with the highest combined numbers of home runs from the first two rounds advance to the finals. So who is advancing to the second round tonight? Click HERE for the live results.

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