Legal Showdown: Over 50 Reggaeton Artists in Hot Water Over Copyright Infringement

A recent ruling from a federal court has denied multiple motions to dismiss a lawsuit concerning allegations of reggaeton copyright infringement involving contemporary musicians. Image Credit: Wesley Tingey

Accusations of Copyright Infringement in the Reggaeton Industry Renowned artists such as Karol G, Justin Bieber, Luis Fonsi, Daddy Yankee, Diplo, Jason Derulo, Anuel AA, Anitta, and Drake have been accused of incorporating elements from classic reggaeton tracks without proper authorization.

These claims arise from a substantial copyright infringement case brought forth by reggae artists and the estates of influential figures in the genre's history, including reggaeton.

Among the main plaintiffs is Clevie, a Jamaican pioneer credited with introducing drum machines to reggae music. The lawsuit emerged from multiple filings in 2021 against 34 artist defendants and another case in May 2022 against an additional 24 defendants.

These cases were consolidated in July of the same year, involving around 60 artist defendants and over 1,000 allegedly infringing works, including major publishing entities like Hipgnosis, Concord, and BMG.

The Impact of Steely & Clevie on Reggaeton Music Steely & Clevie, also known as Clevie and Steely, released "Fish Market" in 1989, featuring a unique drum pattern that set it apart from previous compositions. Their track "Dem Bow" played a pivotal role in the reggae dancehall scene and significantly influenced the evolution of reggaeton.

Reggaeton artists widely adopted the "Dem Bow" rhythm in their music, leading to the creation of "Pounder Riddim" in 1990, which integrated elements from Steely & Clevie's repertoire and impacted subsequent reggaeton productions.

Unauthorized Use of Samples and Legal Actions The defendants allegedly sampled "Pounder" in their projects without proper authorization, triggering the legal dispute. Following various legal proceedings, the court's ruling on May 28th approved some dismissal motions while rejecting others.

Contributory and vicarious infringement claims were dismissed due to lack of specificity, but the plaintiffs were granted an opportunity to amend this aspect. Other dismissal arguments were unsuccessful, as concerns regarding the plaintiffs' copyrights would be addressed at a later stage.

Dismissal based on recent copyright registrations of the plaintiffs' older works could necessitate refiling certain parts of the lawsuit, which the court has devoted substantial resources to managing. The defendants' assertion that the "Dem Bow" copyright solely pertains to lyrics was deemed unfit for resolution at this juncture.

The Court's Ruling on Protecting Reggaeton Elements The court rebuffed the defendants' claim that the reggaeton musical components in question are not eligible for protection, affirming that the plaintiffs adequately asserted the protectability of the drum pattern, compositional elements, and their amalgamation.