Steely & Clevie Fish Market “Dem Bow” Riddim Lawsuit Can Move Forward

Jamaican producers Steely & Clevie are pushing forward with their high-stakes copyright infringement lawsuit targeting the reggaeton industry, after a pivotal ruling by a U.S. District Judge. The case revolves around claims that more than 1,800 reggaeton tracks have unlawfully borrowed a protected drum pattern from Steely & Clevie’s 1989 song “Fish Market.”

Steely & Clevie argue that their song laid the groundwork for the distinctive dembow rhythm—a beat that underpins many of reggaeton’s biggest hits. The lawsuit specifically mentions influential tracks like Daddy Yankee’s “Gasolina” and the global phenomenon “Despacito” by Luis Fonsi featuring Daddy Yankee, which Justin Bieber later remixed to great success.

The list of defendants reads like a who’s who of contemporary Latin music, featuring stars such as Bad Bunny, J Balvin, Rauw Alejandro, and Stefflon Don. Several record labels are also embroiled in the legal battle.

On Tuesday, U.S. District Judge André Birotte Jr. denied motions to dismiss the consolidated lawsuit, overcoming a significant hurdle for Steely & Clevie. Legal representatives for the accused artists argued that the plaintiff producers had no ground to sue over the use of the “Pounder Riddim” and “Pounder Dub Mix II,” yet Judge Birotte ruled that Steely & Clevie had a valid claim, allowing the case to proceed.

The judge emphasized that infringement on the “Fish Market” copyright could occur whether the copying drew directly from “Fish Market” itself or through derivative works. He also affirmed that the drum pattern in question is original enough to merit copyright protection.

The extensive case, which merges over 50 related lawsuits filed within the past two years, contends that Jamaican producers Steely & Clevie’s 1989 hit “Fish Market” originated the distinctive dembow rhythm. This rhythm, named after Shabba Ranks’ 1990 single “Dem Bow,” which utilized the “Fish Market” riddim, has become a hallmark of reggaeton music.

Legal representatives for the duo asserted that “Fish Market” has been either copied or sampled in approximately 1,800 songs by more than 160 defendants — including notable artists such as Bad Bunny, J Balvin, and Daddy Yankee — without proper credit or compensation.

Back in October, a federal judge heard arguments to dismiss the lawsuit, which the defendants’ lawyers cautioned could paralyze the reggaeton industry. While U.S. District Judge Andre Birotte Jr. expressed concern that the “Fish Market” lawsuit could stifle “creativity” in the genre, he did not immediately rule on the motion to dismiss. A decision finally came Tuesday, Courthouse News reports, with Birotte Jr. allowing for the lawsuit to continue.

Birotte Jr.’s decision stated, “While it does not follow that a defendant inevitably infringes the ‘Fish Market’ copyright because the defendant allegedly copied ‘Dem Bow,’ ‘Pounder Riddim,’ or ‘Pounder Dub Mix II,’ the copying of material derived from protected elements of ‘Fish Market’ will constitute an infringement of the ‘Fish Market’ copyright regardless of whether the defendant copied directly from ‘Fish Market’ or indirectly through a derivative work.”

While the number of songs and the lawsuit’s scope made the judge hesitate — such as deciding which artistes copied “Fish Market,” “Pounder Riddim,” or “Pounder Dub Mix II,” and whether any infringement occurred — Birotte Jr. decided it should be determined in a trial.

“The court is unprepared at this stage to examine the history of the reggaeton and dancehall genres and dissect the genres’ features to determine whether the elements common between the allegedly infringing works and the subject works are commonplace, and thus unprotectable, as a matter of law,” the judge said (via Court House News).

“Maybe we do need a reckoning,” Scott Burroughs, the lead lawyer for Cleveland “Clevie” Browne and heirs to the estate of Wycliffe “Steely” Johnson, said of the lawsuit at an October 2023 hearing. He also claimed that many of the defendants had no problem clearing samples from other artists included on their songs, so why should his clients be “left out in the cold.”

The case remains complex and far from resolution, but its potential ramifications for the reggaeton genre are substantial.