Shakira Copyright Shakedown Could Cost $750,000

Sony Demands $750,000 After Fake Evidence Emerges In Lawsuit
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Sony Music Entertainment was accused of distributing copyright-infringing content after New York-based Mayimba Music LLC filed a lawsuit against them regarding the ownership of Shakira’s 2010 hit song ‘Loca’. Mayimba Music alleged that this song was a complete rip-off of a recording by Ramon Arias Vasquez called ‘Loca Con Su Tiguere,’ which was created in the late 1990s.

In August 2014, U.S. District Judge Alvin Hellerstein found Sony guilty of distributing copyright-infringing content after analyzing a cassette recording that was said to be recorded in 1998. Hellerstein concluded that Shakira’s single was directly copied from a Dominican rapper named Eduard Edwin Bello Pou in 2007, which lifted music from Ramon Arias Vasquez.

However, in September 2014, new evidence was presented to the judge, who found that the cassette recording wasn’t actually made in 1998. In light of this new evidence, in December 2014, Sony filed a motion to vacate the court’s ruling. In August 2015, the judge found that the tape had been fabricated in 2010 or 2011, not 1998, which was claimed. The Judge concluded that Mayimba did not have a valid copyright, as the deposit copy was not a bona fide copy.

After the judge made the ruling, both parties made subsequent motions. Mayimba’s motion asked for a new trial based on Sony’s alleged presentation of fraudulent evidence in the evidentiary hearing, but Mayimba’s motion was denied. Sony filed a motion for sanctions and sought attorney’s fees and costs against Mayimba. Their motion to include attorney’s fees and costs was granted, and now Sony seeks $750,000 from Marimba Music LLC.

The case has brought up questions about the validity of copyright claims in the music industry. As technology has advanced, it has become easier for artists to create and distribute music, but it has also become harder to protect their intellectual property. Copyright claims have become more common, and the courts have been struggling to keep up with the pace of technological change.

In this case, the court found that the cassette recording was not a bona fide copy, which means that Mayimba did not have a valid copyright claim. This highlights the importance of having valid evidence to support copyright claims. In the absence of such evidence, claims can be challenged and dismissed, as in this case.

The case also highlights the importance of due diligence when it comes to copyright claims. If Mayimba had done their due diligence, they would have discovered that the cassette recording was not a bona fide copy and would not have pursued the case. This would have saved them time and money.

It’s also worth noting that copyright claims can have serious financial consequences. In this case, Sony is seeking $750,000 from Mayimba Music LLC for attorney’s fees and costs. This is a significant amount of money, and it could have been avoided if Mayimba had done their due diligence and had valid evidence to support their claim.

In conclusion, this case highlights the importance of due diligence and valid evidence when it comes to copyright claims. It also shows that copyright claims can have serious financial consequences, and it’s important to weigh the potential costs and benefits before pursuing such claims. Finally, it underscores the importance of the courts in settling copyright disputes and protecting intellectual property in the music industry.

The motion is below.

Sony Corp Vs Mayimba Music LLC

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