Federal Judge Dismisses Copyright Lawsuit Against Reggaeton Artists Over Dembow Rhythm
A federal judge has made a significant ruling in favor of Bad Bunny by dismissing a substantial portion of a copyright lawsuit that targeted numerous artists in the reggaeton genre. The judge overturned his previous decision and stated that the reggae duo Steely & Clevie did not have valid copyright control over the dembow rhythm, a key element in reggaeton music. This ruling spares artists like Bad Bunny, Karol G, and Daddy Yankee from further legal battles related to the alleged use of the dembow rhythm in their songs.
The lawsuit, filed by Cleveland “Clevie” Browne and the heirs of Wycliffe “Steely” Johnson, claimed that their 1989 song “Fish Market” was the original source of the dembow rhythm and targeted nearly 2,000 songs by over 150 artists. However, the judge determined that the plaintiffs failed to clearly identify a single copyrighted work that contained the protectable selection and arrangement they sought to enforce. This led to the dismissal of a significant portion of the case, sparing the defendants from a prolonged legal battle.
The judge's decision highlighted a key flaw in the lawsuit, stating that U.S. copyright law does not protect an abstract combination of elements extracted from multiple existing works. The elements must exist in a single song and cannot be a collection of similarities assembled for litigation purposes. This ruling is a major victory for Bad Bunny and the other defendants, as it effectively ends a substantial portion of the lawsuit and limits future litigation to claims involving direct sampling of Steely & Clevie's sound recordings.
Bad Bunny's attorney praised the judge's ruling, emphasizing that copyright protection should be based on what an artist actually created, not on a collage assembled during litigation. The decision underscores the importance of clear identification and ownership of copyrighted elements in legal disputes. This ruling marks a significant development in the ongoing battle over the origins and ownership of the dembow rhythm in reggaeton music.