Readers may recall that last August Ben told us about a case in the District Court for the Southern District of New York, in which a song entitled Loca by the singer Shakira, was found to have infringed the copyright of another song entitled Loca Con Su Tiguere written by Ramon Arias Vasquez in the 1990s.
In the original case, it had been claimed that Dominican rapper Edward Bello who along with Shakira and another writer, was responsible for writing the song Loca, had met with Arias in 2006 and had heard the song Loca Con Su Tiguere. This, it was claimed, was how the song came to be copied and Loca was not therefore a case of independent creation. Bello had denied this version of events at the original trial. In view of the court's finding that the song Loca Con Su Tiguere was not composed until 2008 or 2009, this would appear to back up Bello's testimony.
Understandably, according to Reuters, the Judge said that he had lost faith in Arias's testimony and there "was a basic issue of fraud in the trial". The copyright claim was dismissed. It appears unlikely that Mayimba Music, who brought the original claim as owners of the rights to Arias's songs, will be appealing the decision.