Key Takeaways
- Bad Bunny's legal team argues the case has a fatal flaw.
- The judge ruled only a jury could decide if reggae duo Steely & Clevie own the dembow rhythm.
- Bad Bunny wants immediate appeal to federal appeals court.
Bad Bunny, the Puerto Rican reggaeton superstar, has filed a motion seeking to overturn a recent ruling in his copyright case. The lawsuit, which targets him and dozens of other artists over nearly 2,000 songs, centers on the origins of the dembow rhythm — a beat integral to reggaeton music.
In a legal filing dated July 15, Bad Bunny's attorneys argue that the case has a significant flaw. They claim that Steely & Clevie’s alleged proprietary beat does not exist entirely in any of the three songs they are asserting ownership over: 'Fish Market,' 'Dem Bow,' and 'Pounder (Dub Mix II).'
Kenneth Freundlich, Bad Bunny's lawyer, writes, 'Plaintiff’s supposed selection and arrangement does not exist in any single work. They have assembled a “Frankenstein” across three separate songs.' This argument aims to persuade the judge to reconsider his earlier decision that only a jury could decide if Steely & Clevie own the dembow rhythm.
The case, filed in 2021 by Cleveland 'Clevie' Browne and the heirs of Wycliffe 'Steely' Johnson, claims their 1989 song 'Fish Market' is the ultimate source of dembow. It also asserts ownership over two later songs: 'Dem Bow' and 'Pounder (Dub Mix II),' both allegedly based on 'Fish Market.'
The judge's recent ruling stated that only a jury could decide if the dembow rhythm is copyrightable, but Bad Bunny’s legal team believes this decision overlooks critical aspects of the case. They argue that without a complete selection and arrangement in any single work, Steely & Clevie cannot claim exclusive rights.
Bad Bunny's attorneys are seeking an alternative route to resolve the issue quickly. They want immediate appeal to a federal appeals court before the complex case gets bogged down in discovery and an eventual trial. Their argument is that resolving it now may appreciably shorten the time, effort, or expense of conducting the proceedings.
In response, Steely & Clevie's attorney did not immediately return a request for comment on Wednesday. The legal battle over reggaeton’s origins continues to unfold, with significant implications for artists and the music industry as a whole.
Plaintiff’s supposed selection and arrangement does not exist in any single work.
Kenneth Freundlich, Bad Bunny's lawyer
