Judge rules Shakira’s hit song ‘Loca’ infringes on copyright

Judge rules Shakira’s hit song ‘Loca’ infringes on copyright

Sony Music is liable for damages resulting from the decision.

After a bench trial on Tuesday, a federal judge has ruled Shakira’s 2010 hit single Loca is illegally copied from another songwriter’s composition. Now, Sony Music is liable for damages resulting from the decision.

The song in question is Loca con su Tiguera, owned by Mayimba Music, the plaintiff in the lawsuit, and written by Dominican Republic songwriter Ramon “Arias” Vasquez. Shakira, however, is not the one being blamed for the infringement, but instead another singer named Eduardo Edwin Bello Pou, referred to as “Bello” in court documents. The Plaintiff claimed Bello and Arias had met nine years ago, at which time Arias had introduced Bello to two of his songs, one of which was the song at the center of the dispute.

Arias claimed Bello liked the song so much, he wanted to record it. But Bello testified that the song originated with him, having written it about his relationship with his ex-wife, and he gained considerable fame after he recorded what he claims was his own original composition.

U.S. District Court Judge Alvin Hellerstein had Arias sing the song to him during the trial and considered evidence including a 1998 cassette tape that contained a version very similar to that which Arias performed in court. Bello’s testimony as to the origin of his song also contradicted the account he gave in public years prior, and these factors led to Wallerstein’s ruling in favor of the Plaintiff.

“These hooks play a similar function in both songs,” wrote Wallerstein in his findings. “Similar rhythm in both hooks drive the songs. The repetitions are slightly different, but the differences do not affect the song.”

Shakira’s version of Loca incorporated portions of Bello’s recording, so therefore, the judge felt the song violated Mayimba’s rights. Loca was released in both English and Spanish versions, but it’s only the latter that was in dispute in the case. As a result, Sony Music subsidiaries Sony/ATV Latin and Sony/ATV Discos were both found liable of copyright infringement for distributing that version of the song.

The case will now enter the next phase in which damages will be determined.

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