In a significant legal victory for the reggaeton community, Bad Bunny, along with numerous other artists, has successfully challenged a copyright claim that threatened nearly 2,000 songs. A federal judge recently reversed a previous decision, dismissing claims of ownership over the iconic dembow rhythm, often described as the heartbeat of reggaeton music.
Legal Background of the Case
According to a ruling reported by Billboard, Judge André Birotte Jr. determined that Jamaican producer Cleveland “Clevie” Browne and the heirs of Wycliffe “Steely” Johnson did not establish copyright control over the rhythm in question. Their 2021 lawsuit encompassed over 150 artists, including prominent figures like Karol G, Daddy Yankee, J Balvin, Drake, and Luis Fonsi.
Judicial Reversal
This recent ruling represents a reversal of a decision made in July, when Judge Birotte had initially ruled that a jury would decide on the copyright protection of the musical arrangement. Attorneys for Bad Bunny subsequently urged the court to reconsider, arguing that the plaintiffs were attempting to claim a “Frankenstein” copyright—an amalgamation crafted from elements of three distinct songs without a singular source of protection.
The Court’s Finding
In agreeing with Bad Bunny’s legal team, Birotte concluded that the arrangement alleged to be protected does not exist within any single copyrighted piece. “You cannot copyright a rhythm by reverse-engineering it from three different songs once you’re already in court,” stated Bad Bunny attorney Kenneth Freundlich in an interview with Billboard.
Impact of the Ruling
The ruling effectively eliminates a significant portion of the lawsuit, although narrow claims regarding direct sampling of Steely & Clevie recordings remain active. This outcome not only safeguards a vast pool of reggaeton music but also reinforces the creative landscape of a genre that continues to thrive globally.
