One of the most closely watched copyright battles in modern music is heading to trial. A federal judge has ruled that a jury will determine whether the iconic dembow rhythm is protected by copyright law.
As first reported by Complex, one of the most significant copyright lawsuits in modern music is officially headed to a jury after a federal judge ruled there are too many disputed facts for the court to decide the case on its own At the center of the lawsuit is the iconic dembow rhythm, the driving beat that has become synonymous with reggaeton over the past three decades.
Jamaican production duo Steely & Clevie—comprised of Cleveland “Clevie” Browne and the estate of the late Wycliffe “Steely” Johnson—claim they created the original copyrightable version of the rhythm through their 1989 instrumental “Fish Market.” They allege that nearly 2,000 recordings by more than 150 artists ultimately borrowed from their work without authorization.
The list of defendants reads like a who’s who of modern music, including Bad Bunny, Daddy Yankee, Karol G, Drake, Justin Bieber, Luis Fonsi, Pitbull and numerous record companies tied to the major labels. Songs such as “Despacito,” “Tití Me Preguntó,” and many other reggaeton hits are among the recordings referenced as the litigation moves forward.
According to the outlet, U.S. District Judge André Birotte Jr. declined to grant summary judgment for either side after finding that experts presented competing opinions over whether the musical elements found in “Fish Market” constitute an original, protectable work under U.S. copyright law. Rather than deciding the issue himself, the judge concluded that those factual disputes should be weighed by a jury. “The evidentiary record presents competing, facially credible expert opinions,” Birotte wrote, noting that the experts fundamentally disagree over whether the musical elements form a coherent and protectable arrangement.
The lawsuit itself has been working through federal court since 2021. Plaintiffs argue the dembow rhythm originated with “Fish Market” before later appearing in Shabba Ranks’ landmark dancehall record “Dem Bow,” which helped popularize the rhythm across Jamaica. Defense attorneys, meanwhile, contend that the beat draws from musical traditions that existed long before Steely & Clevie’s recording—including the centuries-old habanera rhythm—and therefore cannot be exclusively owned through copyright.
While the ruling is not a victory for either side, it keeps alive a case that could ultimately reshape how courts view rhythm and musical composition. If a jury ultimately determines that the specific arrangement created by Steely & Clevie is entitled to copyright protection, the decision could influence not only this lawsuit but future disputes involving sampling, interpolation and rhythmic patterns across the music industry. It would not automatically make every reggaeton song infringing, but it could establish an important legal precedent for how distinctive rhythmic arrangements are protected under copyright law.
The case also shines a spotlight on reggaeton’s rich musical lineage. While the genre exploded globally through artists like Daddy Yankee, Don Omar and, more recently, Bad Bunny and Karol G, its roots stretch much deeper. Reggaeton emerged primarily in Puerto Rico during the 1990s by blending Jamaican dancehall and reggae en español with hip-hop, Latin American sounds and Afro-Caribbean musical traditions. The dembow rhythm itself traces back to Jamaican dancehall, which in turn evolved from reggae and earlier African rhythmic traditions that spread throughout the Caribbean over generations.
The next phase of the lawsuit will focus on whether the plaintiffs can prove the defendants had access to “Fish Market” and whether the songs at issue unlawfully copied protected elements of the recording—a question that will now be answered by a jury rather than the judge.
