Bad Bunny is asking a federal judge to take another look at a major reggaeton copyright case, arguing that the lawsuit is based on a fundamental misunderstanding.
According to Billboard, the 2021 lawsuit was filed by Jamaican reggae duo Steely and Clevie and names Bad Bunny, Karol G, Daddy Yankee, and several other artists. The plaintiffs claim the iconic dembow rhythm can be traced back to their 1989 song “Fish Market” as well as two other tracks, “Dem Bow” and “Pounder (Dub Mix II).”
A judge previously ruled that a jury should determine whether the rhythm qualifies for copyright protection.
Bad Bunny’s attorney, Kenneth Freundlich, argues that the court failed to recognize a key issue: Steely and Clevie are attempting to claim ownership over a musical pattern that does not exist within any one individual recording.
“I think there’s no single work that contains all of the ‘Fish Market’ elements. So how do you reconcile that with the notion that we need to have a coherent pattern? It seems to be problematic,” Freundlich said in a July 15 filing reviewed by Complex.
In the filing, Freundlich also accused the plaintiffs of creating what he described as “a Frankenstein” by combining elements from the three songs.
Should the ruling remain unchanged, Bad Bunny is requesting permission to file an immediate appeal.
“Resolving it now ‘may appreciably shorten the time, effort, or expense of conducting’ the proceedings, especially where what lies ahead is a substantial similarity analysis of over one thousand works,” the filing stated.
Additional filings reveal that Drake, who teamed up with Bad Bunny on 2018’s “Mia,” along with several Latin music stars, have also supported the appeal request. Those artists include Maluma, Wisin, Yandel, Ovy on the Drums, Myke Towers, De La Ghetto, and Carlos Vives.
Meanwhile, Stephen Doniger, the attorney representing Steely and Clevie, told Billboard that it was “disappointing that defendants continue to push their false narrative,” adding, “Defendants offer nothing new and no basis for reconsideration. We hope the court will quickly deny this motion.”
