A U.S. federal judge has ruled that an American jury—not the court—will decide one of the biggest copyright battles in reggaeton history, involving superstars including Bad Bunny, Karol G, Drake, Daddy Yankee, Justin Bieber, Luis Fonsi, Pitbull and more than 150 artists.
The lawsuit, brought by legendary Jamaican production duo Steely & Clevie, claims that thousands of reggaeton songs unlawfully copied the signature “dembow” rhythm first introduced in their 1989 track Fish Market. The case covers 18000 recordings and could carry hundreds of millions of dollars in potential damages.
On Thursday, Billboard reports that a U.S. District Judge André Birotte Jr. declined to rule on whether Fish Market is the original, copyright-protected source of the dembow rhythm. Instead, he determined that both sides presented credible but conflicting expert testimony, making it a question that must ultimately be decided by a jury.
“The evidence presents competing expert opinions,” the judge wrote, explaining that the disagreement involves factual issues about music composition and originality rather than purely legal questions.
Attorneys for Steely & Clevie argue that the duo created a distinctive rhythmic pattern made up of several original musical elements that became the foundation of modern reggaeton. Lawyers representing the defendants counter that similar rhythmic patterns existed long before Fish Market, pointing to earlier musical traditions, including the centuries-old habanera rhythm.
The ruling means the case now moves into its next phase, where both sides will examine whether the artists and record companies accused in the lawsuit actually had access to Fish Market and copied its musical elements. A jury trial could follow unless the parties reach a settlement.
Stephen Doniger, attorney for Steely & Clevie, welcomed much of the judge’s ruling while expressing disappointment that the court did not immediately recognize the rhythm as copyrightable. He said he remains confident that a jury will ultimately side with his clients.
Lawyers representing the majority of the defendants had not publicly responded to the ruling at the time of publication.
The case is being closely watched across the music industry because its outcome could have major implications for reggaeton. If Steely & Clevie ultimately prevail, the decision could reshape how copyright law applies to one of the world’s most popular music genres.
