Sony Held Liable for Shakira’s Copied Song
Cleo Fagela | | Aug 21, 2014 02:55 AM EDT |
After news came out that Shakira's 2010 hit song was distributed without proper copyright from Dominican Republic songwriter Ramon 'Arias' Vasquez, the presiding judge over the case has made a decision, stating that Sony Music should be held liable for infringement.
Back in 2010, Shakira's song 'Loca' from her album 'Sale el Sol', was said to have been copied from a song called 'Loca con su Tiguera' which was written by Arias Vasquez, a Dominican Republic songwriter who released the song around the 1990s.
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There had already been dispute about the song years ago when Eduardo Bello Pou, otherwise known as El Cata, reportedly copied the song without permission from Arias Vasquez. This incident led to a court battle between the two artists.
Aria Vasquez stated in the court that he had shown the song to El Cata eight years prior to the case, but the latter denied the claims and stated that it was inspired by his relationship with his ex-wife which he then wrote into a song which made him famous.
Alvin Hellerstein, the presiding judge, stated there were indeed similarities between the songs and also added that Arias Vasquez's accounts in court are more convincing than that of El Cata.
On the other hand, the version which Shakira released in 2010 included some of El Cata's parts and it was released in Spanish version and English version. Based on sources, the judge did not really include the English version in the legal case and mainly concentrated on the Spanish release.
The court has now decided to hold Sony ATV Latin and Sony/ATV Discos liable because they distributed the Spanish version of 'Loca' by Shakira in the US.
Judge Hellerstein has come up with the decision through the evidence that El Cata had access to Arias Vasquez's song in the past and had deliberately copied the song.
The case will not move into trial in order to decide on the damages that need compensation.
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