Shakira’s hit song ‘Loca’ not plagiarism, U.S. judge rules

 New York – A case in which pop star Shakira’s 2010 hit
single “Loca” was found to be an illegal copy of a
Dominican songwriter’s work came crashing down on
Monday.
The development came after a U.S. judge said the
songwriter had lied to the court, and the cassette
tape on which his claims were based is a fake.
“There was a basic issue of fraud in the trial,’’ said
U.S. District Judge Alvin Hellerstein in Manhattan,
dismissing the copyright infringement case against
Sony/ATV Latin and Sony/ATV Discos.
Last August, Hellerstein ruled that Shakira’s Spanish-
language chart topper, and another song by a
Dominican rapper known as El Cata, illegally ripped
off a recording by Ramon Arias Vasquez called “Loca
con su Tiguere”.
The judge found the Sony units liable for distributing
the infringing songs.
Shakira reached the top of the Latin Billboard charts
with “Loca”, reportedly selling more than five million
copies worldwide.
New York-based Mayimba Music, which owns the
rights to Arias’ work, sued Sony in 2012.
Hellerstein said new Sony evidence offered
“competent and substantial proof” that the cassette
on which Arias allegedly recorded the song, which
had been used to register a U.S. copyright, was not
made in 1998 as claimed.
As a result, he said, the copyright is invalid.
A representative for Mayimba declined to comment
on Monday’s ruling. It’s not known if the company will
appeal.
Sony’s attorney Barry Slotnick said after the ruling:
“We’re very pleased and gratified on behalf of Sony
and the real writers, El Cata and Shakira.”
Hellerstein had been set to rule on damages when
Sony brought its 11th-hour evidence to the court.
On Monday, the judge said he had lost faith in Arias’
testimony.
He noted the photo on the cassette’s cover depicts an
adult man named Jhoan Gonzalez.
Gonzalez was born in 1989, and would have been
only nine years old if the tape was made, as claimed,
in 1998.
Hellerstein also said other songs on the tape
belonged to a Dominican band and were written in
2008 and 2009.
He said Arias’ song must have been created at the
same time.
Mayimba’s attorney James Sheinbaum had earlier
suggested the other songs could have been put on
the cassette after 1998 possibly by someone other
than Arias.
The case is Mayimba Music Inc v. Sony/ATV Latin
Music Publishing et al, in the U.S. District Court for
the Southern District of New York, No. 12