A recent legal battle concluded decisively as a federal court dismissed a lawsuit alleging that the 2021 hit “Don’t Be Shy” by Karol G and Tiësto copied a lesser-known song by Cuban-American songwriter Rene Lorente. Central to the case was the misidentified chords by Lorente’s proposed “expert,” which the judge labeled unqualified. This lawsuit over Karol G and Tiësto’s song dismissal underscores the complexities of copyright infringement claims in the music industry.
Judge Criticizes Expert Testimony
In her 17-page ruling, the federal judge in Florida highlighted that Rene Lorente’s lawsuit lacked the foundational requirements for proceeding. The musicologist he appointed, Richie Viera, a former Capitol Records executive, failed to convincingly demonstrate that “Don’t Be Shy” was substantially similar to Lorente’s song “Algo Diferente” from 2000. Viera’s lack of training and expertise were central to the dismissal of the lawsuit over Karol G and Tiësto’s song.
The judge noted that Viera struggled to define basic musicological terms and failed to explain principles like the “circle of fifths.” Furthermore, his report misidentified the chords and keys of the songs in question, and he neglected to consider existing music—referred to as prior art—that could have influenced Lorente’s work. This oversight reinforced the court’s skepticism about Viera’s qualifications in the lawsuit over Karol G and Tiësto’s song.
Access and Similarity Requirements Not Met
In copyright cases, plaintiffs must show either direct copying or provide proof of “access” combined with “substantial similarity” between the works. Lorente’s failure to demonstrate direct copying meant his case relied on Viera’s disputed expert testimony. Additionally, the judge criticized Lorente’s claim about his song’s availability on streaming platforms, highlighting that minimal plays on YouTube and Spotify did not constitute sufficient access for the lawsuit over Karol G and Tiësto’s song.
The judge determined there was no viable claim for direct or vicarious infringement against the artists or associated music labels, leading to the case’s closure. This aspect of the lawsuit over Karol G and Tiësto’s song demonstrates the challenges musicians face when alleging infringement without substantial evidence.
Reactions and Industry Impacts
Lorente’s attorney, Patrick Frank, expressed respect for the ruling but indicated plans to appeal. He emphasized the difficulty musicians encounter when up against well-resourced industry giants. On the other hand, the legal representative for Karol G and Tiësto, James Sammataro, affirmed the correctness of the court’s decision, stating the lawsuit “had no merit.” Sammataro dismissed claims of musical theft by pointing to the ubiquity of musical elements like the circle of fifths, commonly used since the days of Mozart.
The lawsuit over Karol G and Tiësto’s song concluded without affecting the success of “Don’t Be Shy,” which was a major hit, marking Karol G’s first significant release in English and reaching Number Four on Billboard’s Hot Dance/Electronic Songs chart.
