Daddy Yankee, Karol G, and numerous other artists have jointly requested a federal judge to dismiss a sprawling copyright lawsuit that accuses them, along with over 150 defendants, of infringing on a single 1989 dancehall riddim called “Fish Market,” which allegedly serves as the basis for the “dembow” rhythm used in countless reggaeton tracks. The plaintiffs, Jamaican duo Cleveland “Clevie” Browne and Wycliffe “Steely” Johnson, claim that their song has been sampled or interpolated in over 1,800 songs since its release, amounting to acts of copyright infringement.
However, the accused artists have fired back, filing a motion through their attorneys from Pryor Cashman, arguing that the plaintiffs are effectively attempting to assert ownership over an entire genre of music by claiming exclusive rights to the rhythm and other unprotectable musical elements commonly found in reggaeton-style songs. The attorneys, Pryor Cashman who successfully got Ed Sheeran a victory in his copyright infringement cases contend that after three decades of inaction, Steely & Clevie et al are unjustly seeking to monopolize an entire style of popular music.
The lawsuit, initially filed in 2021, includes a wide array of defendants, ranging from “Despacito” stars Daddy Yankee, Luis Fonsi, and Justin Bieber to artists like Bad Bunny, Anitta, Pitbull, Karol G, Ricky Martin, and El Chombo. Units of all three major music companies Universal Music Group, Sony Music Group, Warner Music et al are bankrolling the top Intellectual property Attorneys at Pryor Cashman to fight the case according to documents obtained by World Music Views.
The accused artists’ legal team, representing 89 of the defendants, criticize the size and complexity of the lawsuit, describing it as a procedural disaster that fails to provide specific allegations against each defendant, leaving them unaware of the exact nature of the accusations and the works in question. Consequently, they argue that Clevie & Steely have failed to meet the fundamental elements of a copyright infringement claim.
While the U.S. Supreme Court has stated that copyright cases can typically be filed even decades later, the attorneys argue that Clevie & Steely’s case pushes the boundaries of the system, as the plaintiffs did not take any action or register copyrights until 2020, as first reported by WMV.
The case over “Fish Market” remains in its early stages, despite being filed in 2021, due to the complexities involved in a lawsuit involving hundreds of songs and defendants. If the motion filed by the accused artists is denied, the case will progress into the discovery phase, where both sides will exchange evidence, ultimately leading to a trial. However, the resolution of the case is anticipated to be years away, given the procedural intricacies and potential legal battles that lie ahead.
