Judge Grants Bad Bunny Key Victory in Reggaeton Copyright Case

Judge Overturns Ruling in Reggaeton Copyright Case

A federal judge has dealt a significant blow to a sweeping copyright lawsuit that sought to hold hundreds of artists liable for using reggaeton's signature dembow rhythm. In a ruling that reverses his own earlier decision, U.S. District Judge André Birotte Jr. granted a motion to reconsider and struck down a large portion of the case, siding with Bad Bunny and other prominent musicians.

The lawsuit, filed in 2021 by Cleveland “Clevie” Browne and the heirs of Wycliffe “Steely” Johnson, claims their 1989 song “Fish Market” is the source of the dembow rhythm, a distinctive percussion pattern that underpins much of reggaeton. The case targeted nearly 2,000 songs by more than 150 artists, including Pitbull, Drake, Daddy Yankee, Luis Fonsi and Justin Bieber, according to Billboard.

In July, Judge Birotte had ruled that a jury should decide whether the arrangement of musical elements that constitutes the dembow rhythm is copyrightable, sending the case toward trial. But in Tuesday's decision, he concluded that the plaintiffs had not clearly identified a copyrighted work containing the protectable selection and arrangement they sought to enforce.

“Upon further review of the record, the court concludes that plaintiffs have not clearly identified what copyrighted work contains the allegedly protectable selection and arrangement they seek to enforce,” Judge Birotte wrote, as reported by both Rolling Stone and Billboard. “Because plaintiffs have not identified a single copyrighted work containing the alleged protectable selection and arrangement, plaintiffs cannot, as a matter of law, proceed on the theory presently pleaded.”

The 'Frankenstein Copyright' Argument

Bad Bunny's legal team, led by attorney Kenneth D. Freundlich, argued that the plaintiffs were improperly combining musical elements from different songs to create what they called a “Frankenstein copyright.” Judge Birotte said the defendants successfully argued that Steely & Clevie appeared to be seeking to enforce a copyright based on a combination of elements drawn from different songs, a theory he said copyright law does not support.

In court filings, Freundlich pointed to sworn testimony in which Clevie Browne said the two-measure pattern identified as “Fish Market” was made up of “two bars not connected in the song ‘Fish Market.’” According to Freundlich, Browne testified that the first bar came from the opening measure of “Fish Market,” while the second came from bar 22. Freundlich also argued that the two-bar timbale loop appears only in the related song “Pounder (Dub Mix II),” which does not contain the tambourine element identified as protectable in “Fish Market.”

Steely & Clevie do not own the composition copyright for “Pounder,” only the copyright to its sound recording. The composition copyright for “Pounder” is owned by Jamaican producer Dennis “The Mennace” Halliburton, who is not a party to the case.

“You cannot copyright a rhythm by reverse-engineering it from three different songs once you're already in court,” Freundlich said, as quoted by Billboard.

Reaction from Bad Bunny's Counsel

Freundlich welcomed the ruling, saying it confirmed the defendants' long-held position. “The court has now confirmed what the defendants have maintained from the outset: that copyright protects an original, single work, not a combination of elements assembled from several different songs for the purpose of a lawsuit,” he said in a statement reported by Rolling Stone.

“This is a significant result not only for Rimas and Bad Bunny, but for the many artists who were swept into this case, and for the integrity of copyright law itself,” Freundlich added. He expressed gratitude to Judge Birotte “for reconsidering this critical threshold issue and for recognizing that, to maintain a federal copyright case, a plaintiff must identify a single copyrighted work that actually embodies the arrangement it claims to own.”

Freundlich had previously warned that the case would create “a complete mess,” involving roughly 1,800 songs by artists including Karol G, Anitta, Pitbull, Justin Bieber and Daddy Yankee, as reported by Rolling Stone.

Remaining Claims

The judge's ruling ends a large portion of the lawsuit, but not all of it. According to Rolling Stone, Judge Birotte said the parties now must propose a schedule for addressing remaining claims involving allegations of direct sampling of sound recordings.

Bad Bunny has previously denied allegations that dozens of his reggaeton songs infringed Steely & Clevie's work, including “Tití Me Preguntó,” “Un Ratito” and “Una Vez.”

An attorney for Steely & Clevie did not immediately return a request for comment, according to Billboard.