Judge ruling on reggaetón's iconic beat could put the Latin music industry at risk

MIAMI - In a landmark decision, U.S. District Judge André Birotte Jr. has ruled that a copyright infringement lawsuit filed by Jamaican producers Cleveland "Clevie" Browne and Wycliffe "Steely" Johnson against numerous reggaetón artists and record labels can proceed. This case, centered around the alleged unauthorized use of the "Fish Market" riddim in around 1,800 Latin music songs, could have far-reaching consequences for the entire reggaeton genre.

According to Court News, Judge Birotte Jr. denied most of the motions to dismiss the consolidated lawsuit brought by Cleveland Browne and the estate of the late Wycliffe Johnson, who, under the name Steely & Clevie recorded the song "Fish Market." The motion had been introduced by the lawyers of more than 100 of the biggest names in Latin music including Bad Bunny, Karol G, J Balvin, Sebastián Yatra, and Camilo, among many others.

The Core of the Lawsuit

The lawsuit alleges that over the reggaeton songs have illegally used the dembow riddim, a rhythm pattern originating from the "Fish Market" track produced by Steely & Clevie in 1989. This riddim became foundational to reggaeton after it was popularized by Shabba Ranks' 1990 track "Dem Bow" and subsequently adopted by Puerto Rican producers in the 1990s​​.

The lawsuit divides the allegedly infringing works into 58 groups and describes them as "works written, recorded, and performed" by:

• El Chombo
• Luis Fonsi
• Daddy Yankee
• Abraham Mateo
• Alex Sensation
• Anitta
• Anuel AA
• Anuel AA & Ozuna
• Bad Bunny
• Becky G
• Cali & El Dandee
• Camilo
• Carlos Vives
• Casper Magico
• CNCO
• Dalex
• Danna Paola
• Danny Ocean
• De La Ghetto
• Dimelo Flow
• DJ Snake
• Drake
• Enrique Iglesias
• Farruko
• Feid
• Gente De La Zona
• Greeicy
• Ivy Queen
• J Balvin
• Jason Derulo
• Jawsh 685
• Jay Wheeler
• Jhay Cortez
• Justin Quiles
• Karol G
• Lenny Tavarez
• Los Legendarios
• Major Lazer
• Maluma
• Manuel Turizo
• Myke Towers
• Natti Natasha
• Nicky Jam
• Ozuna
• Paulo Londra
• Pitbull
• Rauw Alejandro
• Reik
• Ricky Martin
• Rosalía
• Sech
• Silvestre Dangond
• Sky
• Wisin
• Wisin & Yandel
• Wolfine
• Yandel
• Zion & Lennox

Among others. It is basically a list of who is who in Latin music.

Legal Battle and Judge's Ruling

Defendants in the case argued that Steely & Clevie did not have the rights to sue over the use of variations like "Pounder Riddim" or "Pounder Dub Mix II." However, Judge Birotte determined that the plaintiffs have a valid legal claim, allowing the lawsuit to move forward.

He stated that, if the copying of material derived from the protected elements of "Fish Market" is proven, it would constitute an infringement regardless of whether the defendants copied directly from "Fish Market" or indirectly through derivative works​​.

If the lawsuit is successful, it could lead to significant financial repercussions for the reggaeton industry, especially considering reggaetón's economic impact, which contributes significantly to the music industry's revenues. According to the RIAA midyear report, In the first half of 2023 alone, recorded music revenues reached an all-time high of $8.4 billion, with streaming accounting for 84% of this total. Latin music, driven by reggaeton, has seen major growth within these figures.

Platforms like Spotify have played a pivotal role in this success, with Latin music experiencing a 986% increase in listeners from 2014 to 2023. Today, more than one out of every five songs in Spotify's global Top 100 is Latin, underscoring the genre's dominance​​.

The Historical Context of Reggaetón

"The court is unprepared at this stage to examine the history of the reggaeton and dancehall genres and dissect the genres' features to determine whether the elements common between the allegedly infringing works and the subject works are commonplace, and thus unprotectable, as a matter of law," judge Birotte Jr. said.

According to the history told by the 'fathers' of reggaeton, it's roots trace back to Panama in the 1980s, where El General helped pioneer the reggae en español movement. El Magnifico podcast "Loud the history of reggaetón," from Spotify studios, found its origin in the workers of the Panama Channel.

However, it was in Puerto Rico during the 1990s that the genre truly evolved. Producers like DJ Playero and DJ Negro began blending reggae, hip-hop, and other urban sounds, creating mixtapes that laid the groundwork for modern reggaetón. The adoption of the dembow riddim was crucial to this development, providing the genre with its distinctive, driving beat​​.

The outcome of the "Fish Market" lawsuit could reshape the future of reggaetón, and even the music industry in general, as many other genres were born from different beats.

As the case progresses, the industry watches closely, aware that a ruling in favor of Steely & Clevie could lead to significant changes in how reggaetón music is produced and monetized. Despite this uncertainty, the genre's influence and popularity show no signs of waning, ensuring that reggaeton remains a powerful force in the global music scene.