Bad Bunny, Drake, and other reggaeton artists face renewed legal scrutiny as U.S. District Judge André Birotte Jr. reconsiders a July 2026 ruling, which determined that a jury must decide whether an estimated 1,800 reggaeton songs by more than 100 artists infringe on the composition copyright of the 1989 track “Fish Market” by reggae duo Steely & Clevie, according to Musician Voice.
As the legal battle over the origins of the dembow rhythm hits a critical juncture, the stakes for the Latin music industry have never been higher. What started in 2021 as a complaint filed by Cleveland “Clevie” Browne and the heirs of Wycliffe “Steely” Johnson has now evolved into a courtroom showdown over how musical elements are sampled, shared, and claimed.
The Bottom Line
- The Core Dispute: Steely & Clevie claim their 1989 song “Fish Market” is the original source of the dembow rhythm heard across reggaeton.
- The Defense Strategy: Attorneys for Bad Bunny and other artists argue that the plaintiffs are asserting a “Frankenstein” copyright built from a pastiche of separate, unconnected songs.
- Next Legal Steps: U.S. District Judge André Birotte Jr. is reviewing arguments to determine if the ruling should be overturned or sent immediately to a federal appeals court.
Decoding the “Frankenstein” Copyright Argument in Los Angeles Court
In a Los Angeles courtroom on Friday, August 14, 2026, legal teams faced off over whether the foundational beats of reggaeton can be monopolized by the creators of a single late-1980s track. According to reporting by Billboard, Bad Bunny’s lawyer Kenneth Freundlich argued in a motion that the case suffers from a fatal flaw. Freundlich pointed out that the combination of musical elements labeled as protectable in the complaint—referred to as the “Fish Market Elements”—does not actually exist in any single, continuous work.
Freundlich highlighted sworn testimony from Clevie Browne, in which Browne said the two-measure pattern identified as “Fish Market” in the complaint was made up of two bars not connected in the song. Specifically, the first bar came from the opening measure of “Fish Market,” while the second came from bar 22. Furthermore, defense lawyers noted that the specific two-bar timbale loop appears solely in a related track titled “Pounder (Dub Mix II),” for which Steely & Clevie hold only a sound recording copyright rather than the composition rights.
“It’s our position that a selection arrangement can’t be based on a pastiche of compositions. We have to have a single work,” Freundlich argued before Judge Birotte, as noted by Musician Voice. “The case has been shape-shifting from day one.”
Inside Judge Birotte’s Dilemma and the Plaintiffs’ Defense
Opening Friday’s hearing, U.S. District Judge André Birotte Jr. acknowledged the complexity of the litigation, remarking that he was being asked to “mull this nightmare over some more.” The judge pressed the plaintiffs’ legal representation on how they could reconcile claims that the percussion pattern exists entirely within “Fish Market” despite deposition admissions regarding disjointed measures.
Responding to the defense’s characterization of a cobbled-together copyright, plaintiffs’ attorney Stephen M. Doniger pushed back during the proceedings. “No one’s Frankenstein-ing anything,” Doniger shot back, according to Musician Voice. “There is a genuine factual dispute as to whether or not that two-bar slice is out of ‘Fish Market.’ It’s like if I took a slice of a recognizable Monet painting, then I repeated it, and everyone was like, that’s a Monet remix. That’s what this case is.”
Doniger previously dismissed the defense’s initial motion for reconsideration in statements to Billboard, asserting that the defendants “offer nothing new and no basis for reconsideration” and expressing hope that the court would quickly deny the request.
Case Overview and Trajectory
| Case Detail | Status / Fact |
|---|---|
| Initial Filing Year | 2021 |
| Plaintiffs | Cleveland “Clevie” Browne and the heirs of Wycliffe “Steely” Johnson |
| Primary Accused Artists | Bad Bunny, Drake, Karol G, Daddy Yankee, and others |
| Disputed Musical Foundation | The “dembow” rhythm originating from the 1989 track “Fish Market” |
| Scope of Catalog | Approximately 1,800 reggaeton works targeted across the litigation |
The Broader Industry Stakes for Modern Reggaeton
If the court ultimately declines to overturn the July ruling, the litigation faces years of discovery and an infringement analysis covering nearly 1,800 songs. Recognizing the administrative burden of analyzing over a thousand musical works, Bad Bunny’s legal team has mapped out an alternative exit strategy. According to court filings highlighted by Billboard, the defense has asked for the right to immediately appeal the decision to a federal appeals court if reconsideration is denied.
As Judge Birotte takes several weeks to weigh his decision following Friday’s arguments, creators across the global Latin music landscape remain on high alert, watching a courtroom battle that could alter the economics of sampling and genre evolution.
What are your thoughts on this copyright battle over the origins of reggaeton? Drop a comment below and join the conversation.
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