Bad Bunny legal team challenges reggaeton copyright ruling

Lawyers for reggaeton artists, including Bad Bunny and Karol G, are challenging a federal court ruling that could lead to a massive copyright trial involving approximately 1,800 songs. The dispute centers on whether the dembow rhythm, a foundational percussion pattern in reggaeton, infringes upon copyrights held by the Jamaican duo Steely & Clevie for their 1989 track ‘Fish Market’.

In a Los Angeles courtroom, defense attorneys filed a motion for US District Judge André Birotte Jr. to reconsider his July decision. The judge had previously ruled that a jury must determine if certain musical elements, referred to as ‘Fish Market Elements’, constitute copyright infringement.

The defense argues that these elements do not exist as a single, protectable entity in any one copyrighted work. Instead, they claim the elements are a ‘pastiche’ or a ‘Frankenstein’ beat stitched together from disconnected bars and excerpts from various different recordings. If the plaintiffs prevail, the ruling could fundamentally change how rhythmic patterns and shared musical languages in Caribbean and Latin music are treated under copyright law.