A copyright infringement lawsuit that could significantly affect the reggaeton genre can move forward, a federal judge ruled Tuesday.
The consolidated lawsuitfiled in April 2023 by Cleveland “Clevie” Browne and the estate of Wycliffe “Steely” Johnson in 2023, alleges that more than 100 artists illegally sampled or copied the drum pattern from Jamaican producers' 1989 instrumental track “Fish Market ”.
Among the list of defendants are Bad Bunny, Karol G, Daddy Yankee and J Balvin, in addition to the record labels Universal Music Latin Entertainment and Machete Records.
The plaintiffs claim that the rhythm is “original” to them and that it was “innovative since its creation,” describing it as “a programmed kick, snare, and hi-hat that plays a one-bar pattern; percussion instruments, including a tambourine that plays throughout the measure, a synthesized 'tom' that plays on beats one and three, and timpani that play a roll at the end of each second measure, and free improvisation on the pattern for the duration of the beat. the song; and a synthesized Bb bass note on beats one and three of each measure, which follows the synthesized 'tom' pattern.”
The drum machine beat was further popularized by Shabba Ranks' 1990 “Dem Bow,” a staple in the reggae dancehall scene. Brown and Johnson co-own the composition “Dem Bow” along with Ranks. That same year, Dennis “The Menace” Thompson used the instrumentation for his popular “Pounder Riddim” and later for “Pounder Dub Mix II”, which has become the backdrop for the reggaeton music genre.
“Dem Bow's instrumental is 'iconic' and has been widely copied in songs in the reggaeton musical genre,” the lawsuit states.
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In June 2023, attorneys for the defendants asked Judge André Birotte Jr. of the United States District Court for the Central District of California to dismiss the case. arguing that the plaintiffs sought to monopolize the reggaeton genre after “30 years of inaction.”
On Tuesday, Birotte denied most motions to dismiss the case. Court news was the first to report about the ruling.
“The Court considers that the plaintiffs have sufficiently alleged the protectability of the drum pattern, the interaction of compositional elements or the combination of these elements,” Birortte wrote in his ruling, “it is plausible that these elements are 'qualitatively significant' to their works “. .”
Birotte also noted that the court “was not prepared at this stage to examine the history of the reggaeton and dancehall genres and analyze the characteristics of the genres to determine whether the common elements between the allegedly infringing works and the works in question are common and, therefore, they cannot protect themselves. And she added that it would be necessary to hear expert testimony on the matter.
The case will now move to the discovery stage.
