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Federal judge dismisses broad compositional claims in sprawling reggaeton copyright lawsuit

A court ruling favors Bad Bunny and other artists by rejecting attempts to claim copyright over the foundational dembow rhythm.

The short version

  • U.S. District Judge André Birotte Jr. dismissed a major portion of a 2021 copyright lawsuit targeting reggaeton artists over the genre's foundational dembow beat.
  • The decision overturns the judge's previous ruling and eliminates broad compositional claims affecting nearly 2,000 songs by over 150 artists, including Bad Bunny, Daddy Yankee, and Karol G.
  • Litigation will still proceed on a narrower basis for allegations involving direct sampling of the plaintiffs' specific sound recordings.

Key facts

  • Judge André Birotte Jr. ruled that reggae production duo Steely & Clevie failed to prove valid copyright control over the dembow rhythm across multiple works.[Billboard]
  • The 2021 lawsuit originally claimed that nearly 2,000 songs by more than 150 artists infringed upon the rhythm originating from the 1989 track 'Fish Market'.[Billboard]
  • The judge found that copyright protection cannot apply to an abstract amalgamation of elements extracted from multiple independent songs rather than a single identifiable work.[Billboard]
  • The ruling eliminates the sweeping compositional infringement claims, but claims concerning direct sampling of sound recordings remain eligible for litigation.[Billboard]

What remains uncertain

  • The specific scope and timeline for remaining claims involving direct sound recording samples remain to be determined.[Billboard]

Sources