Shakira’s hit song Loca was indirectly copied from another songwriter’s work, a federal judge in New York has found.
Judge Alvin Hellerstein said Shakira’s Spanish-language version of Loca in 2010 had infringed on a song by Dominican singer Ramon Arias Vazquez.
Shakira’s English language version of Loca – which featured Dizzee Rascal – was “not offered into evidence” at the trial.
However, the Spanish language version – a collaboration with Dominican rapper Eduard Edwin Bello Pou, better known as El Cata – was widely released as a single around the world. It went on to sell more than five million copies and topped Billboard Magazine‘s Latin charts.
Shakira’s Spanish-language version of Loca in 2010 had infringed on a song by Dominican singer Ramon Arias Vazquez (photo Wikipedia)
It was also included on her 2010 album Sale el Sol. For English language markets, the album was titled The Sun Comes Out and both versions of the song were included.
In a ruling on Tuesday, Judge Alvin Hellerstein said that while the hit single had been based on an earlier version of a song recorded by Eduard Edwin Bello Pou [El Cata], that itself had been copied from Ramon Arias Vasquez’s original song.
“There is no dispute that Shakira’s version of the song was based on Bello’s version,” wrote the judge in his ruling.
“Accordingly, I find that, since Bello had copied Arias, whoever wrote Shakira’s version of the song also indirectly copied Arias,” he concluded.
Ramon Arias Vazquez penned his song Loca con su Tiguere in the 1990s, but El Cata has denied copying it.
The case has yet to determine damages for the plaintiff, Mayimba Music, which holds the rights to Ramon Arias Vazquez’s work.
Shakira’s song was distributed by Sony in both Spanish and English, but the copyright lawsuit mainly focused on the Spanish version.
Beatles rarities from 1963 have been released on iTunes.
Fifty-nine tracks – unreleased outtakes, demos – have been released on iTunes to stop them falling out of copyright and into the public domain.
EU copyright law covers recordings for 70 years if they have had an official release or 50 years if they have not.
The 2-disc set was apparently released, then removed, early on Tuesday, causing speculation it was only being published briefly to extend the copyright period.
Fans posted screenshots of the collection on the New Zealand iTunes store, along with links which later became invalid.
Online reports suggested the same thing had happened in Australia, Russia and Saudi Arabia – although the EU’s copyright laws would not apply in any of these territories.
Beatles rarities from 1963 have been released on iTunes
Gathering together live material and recording session offcuts, the compilation includes four alternate takes of She Loves You, two of From Me To You and several live versions of Roll Over Beethoven.
It also features three attempts at There’s A Place, as well as demos of two songs the group gave to other artists – Paul McCartney and John Lennon’s acoustic version of Bad to Me and Lennon’s piano demo of I’m in Love.
The tracks had been widely bootlegged, but never officially released until now.
After a recent change in the law, the master tape for The Beatles’ 1963 debut album Please Please Me is protected by copyright until 2033, but the unreleased session tapes for that album are not.
If the Beatles chose not to release the recordings before the end of the year, other record labels could theoretically put them out and profit from them next year.
The band’s 1962 debut single Love Me Do arguably slipped out of copyright last year before the EU’s copyright extension was signed into law.
At least one record company issued a “remastered” version of the song, although that has since been deleted.
The copyright law in question only covers the recordings – the composition of the songs remains the copyright of the songwriter for 70 years after his or her death.
Officially called The 50th Anniversary Collection, it carried a subtitle which explained its true purpose: The Copyright Extension Collection, Vol. 1.
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