Photo Credit: Bad Bunny ft. Chuwi – “WELTiTA” (Official Music Video) / Rimas Entertainment
A judge has reversed his earlier decision, ruling in favor of Bad Bunny and striking down a significant portion of a massive copyright lawsuit affecting over 150 artists.
In a rare move, U.S. District Judge André Birotte Jr. has reversed his earlier decision and ruled in favor of Bad Bunny in a massive copyright lawsuit that affects over 150 artists regarding the origins of reggaeton. In doing so, Judge Birotte has struck down a significant portion of a far-reaching and long-running legal battle.
The judge’s new ruling states that the artists Steely & Clevie failed to establish proper copyright over the central “dembow” beat, a rhythm that essentially defines an entire genre. Bad Bunny’s legal team argued that the artists had established a “Frankenstein copyright,” cobbling together beats and elements from three different songs.
Judge Birotte agreed, and now the action has been narrowed down to something far less broad, such as direct sampling infringement. Now, any further litigation will focus only on songs that may directly sample Steely & Clevie’s work.
“Upon further review of the record, the court concludes that plaintiffs have not clearly identified what copyrighted work contains the allegedly protectable selection and arrangement they seek to enforce,” wrote the judge.
“Because plaintiffs have not identified a single copyrighted work containing the alleged protectable selection and arrangement, plaintiffs cannot, as a matter of law, proceed on the theory presently presented.”
The earlier decision would have sent the case to trial, leaving it up to a jury to decide whether the elements composing the iconic dembow rhythm are copyrightable. But in his rare decision to overturn his previous ruling, Judge Birotte has given a major victory to Bad Bunny and the other defendants.
The original case was filed in 2021 by Cleveland “Clevie” Browne and the heirs of Wycliffe “Steely” Johnson, with allegations that their 1989 song “Fish Market” is the traceable source of all dembow music. The lawsuit’s impact on a vast number of artists and songs has drawn significant attention across the music industry.
Leave a Reply