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Only a Jury Can Decide Reggaeton ‘Dembow’ Copyright Case Targeting Bad Bunny, Karol G and 150+ Artists, Judge Rules
U.S. District Judge André Birotte Jr. said jurors must decide whether the dembow rhythm is original and protectable after competing expert testimony.
District Judge André Birotte ruled on Wednesday that a copyright lawsuit over the iconic "Dem Bow" rhythm will proceed to a jury trial, denying summary judgment after finding competing expert opinions on the rhythm's protectability.
Jamaican production duo Steely & Clevie claim they created the rhythm in their 1989 instrumental "Fish Market," alleging nearly 2,000 recordings by more than 150 artists utilized their work without authorization.
The lawsuit names prominent artists including Bad Bunny, Daddy Yankee, and Karol as defendants, with songs such as "Despacito" referenced in the litigation active since 2021.
Defense attorneys contend the beat draws from musical traditions existing long before the Plaintiffs' recording, arguing it cannot be exclusively owned through copyright because it incorporates the centuries-old habanera rhythm.
The upcoming trial will determine whether defendants had access to "Fish Market" and unlawfully copied protected elements, highlighting the genre's lineage from Jamaican dancehall and Afro-Caribbean traditions.