The copyright battle that has been hanging over reggaeton for years just cleared a major hurdle—and it’s now headed where both sides knew it might eventually end up: a jury trial.
On Thursday, July 2, U.S. District Judge André Birotte Jr. declined to rule on whether Jamaican production duo Steely & Clevie created the original copyrightable version of the dembow rhythm, the syncopated beat widely associated with modern reggaeton. Per Billboard, he found that the evidence presented by both sides raises factual disputes that cannot be resolved by the court alone, allowing one of the music industry's largest copyright cases to move forward.
The lawsuit reaches far beyond a handful of artists. Representatives for Cleveland "Clevie" Browne and the estate of Wycliffe "Steely" Johnson claim that nearly 2,000 recordings by more than 150 artists borrowed from their 1989 track "Fish Market" and related recordings.
In his ruling, Birotte said the court was presented with two fundamentally different explanations of the music itself. "The evidentiary record presents competing, facially credible expert opinions," the judge wrote, adding that the experts disagree over "whether they form a coherent and protectable selection and arrangement."
Because those disagreements involve disputed facts rather than purely legal questions, Birotte concluded they must be decided by a jury.
The decision keeps alive a lawsuit that has been working through federal court since 2021. Earlier in the litigation, Steely & Clevie argued that the rhythmic structure underpinning reggaeton originated with "Fish Market" and companion recordings, while defense attorneys countered that the beat reflects musical traditions that long predate those works, including the centuries-old habanera rhythm. They have argued that copyright law cannot be used to claim ownership over common rhythmic building blocks.
Stephen Doniger, an attorney representing Steely & Clevie, said the ruling was a mixed result but believes the plaintiffs remain in a strong position. "We are pleased that the court largely rejected the defendants' arguments but disappointed that it did not grant our client's affirmative summary judgment motion," Doniger said.
He added that "it is hard to imagine how any jury could find the Dem Bow Riddim to be anything other than an original and protectable work," saying the plaintiffs' experts identified "seven discrete elements combined in a way that no one has found in any work predating our clients' 'Fish Market.'"
The case now moves into a second discovery phase focused on infringement, in which the plaintiffs must attempt to prove that the defendants had access to "Fish Market" and copied it in songs including "Despacito," "Tití Me Preguntó," and "Dame Tu Cosita."
