Attorney representing Miami based rapper Pitbull, Daniel Oviedo pka “Ovy on the Drums,” Michael Monge pka “Myke Tower,” and others in the sweeping copyright lawsuit filed by Steely and Clevie’s estate and he wants to a Copyright Case Dismissal even before it even gets to trial.
Richard C. Wolfe, Esq. of WOLFE LAW MIAMI, P.A. has titled the works of the legendary dancehall duo who is responsible for some of the genres defining riddims as “Old and obscure” according to court documents obtained by WMV. In the latest development Wolfe also pulled on the example of Ed Sheeran who won several copyright cases recently as reason to dismiss the case because alleged protected work (Fish Market Riddim) was (as here) nothing more than “basic building blocks of music.”
Furthermore, he states that, “Plaintiffs do not even attempt to rebut or distinguish the case law cited in the Motion to Dismiss for this proposition Structured Asset Sales, LLC v. Sheeran, 2023 U.S. Dist. LEXIS 86847 (S.” Meaning Sheeran’s case had set a precedence where “building blocks of a music composition is not copyrightable in the New York district court and as such the Steelie and Clevie ‘Fish Market’ case should be dismissed.
In 2018, Structured Asset Sales LLC (SAS), a company that has 11.11% interest Marvin Gaye’s 1973 song “Let’s Get It On,” filed a copyright infringement case against Ed Sheeran and his collaborators, publishers and distributors, alleging that Sheeran’s 2014 song “Thinking Out Loud” infringed the copyright in the musical composition for Gaye’s 1973 song. SAS argued that Sheeran copied the selection and arrangement of a chord progression and harmonic rhythm within the earlier song.
The court initially denied Sheeran’s motion for a summary judgment and said there was a “genuine dispute as to whether the allegedly copied elements from “Let’s Get It On” were sufficiently original and creative to warrant copyright protection.” Defendants subsequently moved for reconsideration, and the court granted that motion, awarding summary judgment and dismissing plaintiff’s claim.
Wolfe who is also representing WK Records, Inc., Llandel Veguilla pka “Yandel,” Juan Luis Morera Luna pka “Wisin,” is seeking a similar judgment according to the court documents.
In the 12 page document filed in Agust 31, Wolfe states to the court that, “Tempo, as a matter of law, is commonplace and unprotectable.”
One of the songs in the claim by Steelie & Clevie is ‘Calypso,’ by Luis Fonsi and Stefflon Don, which is certified Platinum in Mexico (60,000), Brazil (40,000), Italy (50,000) and 2x Platinum in Spain (80,000). The music video for the song has 455 million views on YouTube.
Fish Market and Calypso only similarities are that the kick drum in both works are playing a basic quarter note pattern in 4/4 time according to Wolfe’s motion to the court.
“The rhythmic pattern being played by the snare, hi hat and bass in Calypso are different than the pattern being played by those instruments in Fish Market,” he stated on behalf of his clients.
Any copying, interpolating, or sampling of the Pounder Riddim is a copying or interpolation of Fish Market’s composition, according to the plaintiff’s claim but Wolfe has countered to the court that neither the Dem Bow riddim or the similar “Fake Pounder Riddim” which bear striking similarities to the “Fish Market Riddim,” are owned by Steely and Clevie.
“It is axiomatic that Plaintiffs cannot sue for infringement of copyrights they do not own,” the document read.
This comes abasing the backdrop of the riddim making duo submitting a corrected version of the copyright documents for the 1990s dancehall hit song “Dem Bow” by Shabba Ranks in the Los Angeles Central District Court on August 12, 2023.
The document shows that April 13, 1990 was the date of completion for the “Dem Bow” song jointly owned by Cleveland Constantine Browne (Clevie), Wycliffe Johnson (Steely) and Rexton Rawlston Fernando Gordon (Shabba Ranks). This is the first time Shabba is being brought into the suit, but he is not yet named as a plaintiff. Shabba co-authored the “Dem Bow” song as he was not “work for hire.”
The reason for the late lodging of copyright according to court documents obtain by WMV was because, the “corrected registration was received from the U.S. Copyright Office, so Plaintiffs could not have submitted it any earlier and Defendants are not prejudiced by the timing of the submission.”
In June, Pryor Cashman the firm representing Daddy Yankee, Karol G, and others also jointly requested of a federal judge to dismiss the sprawling copyright lawsuit.
The “Fish Market riddim” is what serves as the basis for the “dem bow” rhythm used in countless reggaeton tracks according to the suit.. Additionally, Cleveland “Clevie” Browne and Wycliffe “Steely” Johnson et al, claim that their riddim has been sampled or interpolated in over 1,800 songs since its release, amounting to acts of copyright infringement.
