The Spanish language version of the song was found to have been a copy of Dominican singer Ramon Arias Vazquez’s song ‘Loca Con Su Tiguere’ which was released in the 1990s.
The single topped the Latin charts by reportedly selling more than five million copies worldwide.
The judge found that Shakira’s version was copied from the 2007 song by Dominican rapper Eduard Edwin ‘Bello’ Pou, who is commonly known as El Cato, this was also copied from Ramon Arias Vazquez. Bello denied copying it.
ÂThere is no dispute that Shakira’s version of the song was based on Bello’s version,Â wrote Judge Hellerstein in his ruling.
In conclusion he added ÂAccordingly, I find that, since Bello had copied Arias, whoever wrote Shakira’s version of the song also indirectly copied AriasÂ
Mayimba Music sued Corp of America and several other Sony units in 2012. The judge found only two of them liable, namely Sony/ATV Latin and Sony/ATV Discos, for the distribution of Shakira’s song.
Hellerstein dismissed claims that Shakira’s English version of the track infringed, citing a lack of evidence. Neither version of the single was released in the UK.
The ruling is a victory for Mayimba Music which holds the rights to Ramon Arias Vazquez’s work. Damages for Mayimba Music are yet to be determined. An injunction has also been sought against Sony.
This article was written by Fozia Cheychi whilst working at Lawdit over the summer – with thanks!