The long-running copyright dispute surrounding reggaeton has cleared a key legal hurdle and is now set to head to a jury trial.
On Thursday, July 2, U.S. District Judge André Birotte Jr. declined to make a ruling on whether Jamaican production duo Steely & Clevie created the original copyrightable version of the dembow rhythm—the syncopated beat strongly tied to modern reggaeton. According to Billboard, the judge said the evidence presented by both sides raises factual disagreements that can’t be resolved by the court alone, pushing one of the music industry’s biggest copyright cases forward to trial.
The lawsuit extends far beyond a small group of artists. Lawyers for Cleveland “Clevie” Browne and the estate of Wycliffe “Steely” Johnson allege that almost 2,000 recordings from over 150 artists were derived from their 1989 track “Fish Market” and related works.
Among the defendants are some of the biggest names in music, including Bad Bunny, Karol G, Daddy Yankee, Drake, Pitbull, Justin Bieber, Luis Fonsi, as well as companies linked to all three major record labels.
In his ruling, Judge André Birotte Jr. noted that the court was faced with two sharply contrasting interpretations of the music itself. “The evidentiary record presents competing, facially credible expert opinions,” he wrote, adding that the experts disagree on “whether they form a coherent and protectable selection and arrangement.”
Because those disagreements center on factual disputes rather than purely legal issues, he ruled that they must be determined by a jury.
The decision allows the case—ongoing in federal court since 2021—to move forward. Earlier in the proceedings, Steely & Clevie argued that the rhythmic foundation of reggaeton traces back to “Fish Market” and related recordings, while defense lawyers maintained that the beat stems from older musical traditions, including the centuries-old habanera rhythm. They argue that copyright law cannot be used to claim ownership over widely used rhythmic elements.
Attorney Stephen Doniger, representing Steely & Clevie, described the ruling as a partial win but said the plaintiffs remain confident. “We are pleased that the court largely rejected the defendants’ arguments but disappointed that it did not grant our client’s affirmative summary judgment motion,” he said.
He also stated that “it is hard to imagine how any jury could find the Dem Bow Riddim to be anything other than an original and protectable work,” arguing that the plaintiffs’ experts identified “seven discrete elements combined in a way that no one has found in any work predating our clients’ ‘Fish Market.’”
The case will now proceed to a second phase of discovery focused on infringement, where the plaintiffs must try to prove that the defendants had access to “Fish Market” and copied it in tracks such as “Despacito,” “Tití Me Preguntó,” and “Dame Tu Cosita.”
