A Spanish court has cleared the Colombian pop stars Shakira and Carlos Vives of accusations that they plagiarised part of their Grammy award-winning hit La Bicicleta.
Liván Rafael Castellanos, a Cuban singer known as Livam, had alleged that the tune copied parts of the melody and lyrics from his own song called Yo te quiero tanto (I love you so much).
“There is no plagiarism whatsoever as claimed by the plaintiff in this lawsuit,” the commercial court said in its ruling on Thursday.
The music publisher MDRB filed a complaint in 2017 in the Madrid court on behalf of Livam. In March 2019, Shakira, 42, who lives in Barcelona, told the court she had never heard Livam’s song before. Vives, 57, also said he did not know the song or Livam.
La Bicicleta – The Bicycle – won two of the three biggest Latin Grammy awards for 2016, including song and record of the year.
In the song, Shakira and Vives sing “que te sueno y que te quiero tanto” (I dream of you and love you so much), while Livam sings “yo te quiero, yo te quiero tanto” (I love you, I love you so much).
But the court ruled that the expression was “common, used in all sorts of songs and lyrics, all through history”. It added that the melody, rhythm and harmony were different in both songs.
Shakira, who lives with the Barcelona footballer Gerard Piqué and their two sons, is due to appear in court again in June for allegedly evading taxes of €14.5m (£12.7m), a charge she denies.
She is suspected of not paying taxes in Spain despite being a resident between 2011 and 2014, according to prosecutors. Shakira transferred her official residency to Spain from the Bahamas in 2015, but prosecutors in Barcelona said in 2018 that this did not “match reality” with her children and partner already in the Catalan city.
Shakira’s representatives insist that until 2014 she earned most of her money on international tours and did not live more than six months a year in Spain – a prerequisite to be a tax-paying resident in the country.
With her mix of Latin, Arab and rock influences, Shakira is one of the biggest stars from South America, scoring global hits with songs such as Hips Don’t Lie and Whenever, Wherever. She has sold more than 60m records.
