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February 20, 2023
Streaming is now the driving force of the music industry, making up 84% of the industry revenue in the U.S. While streaming is much more convenient for listeners, many artists argue that it is near im
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The beats of reggaeton, known for their infectious rhythms and global appeal, are now at the center of a massive legal battle that could reshape the genre. A federal judge has denied the motion to dismiss a sweeping copyright infringement lawsuit that targets over 1,000 reggaeton tracks, implicating some of the biggest names in Latin music, including Bad Bunny and J Balvin.
The lawsuit, initiated by Jamaican producer Cleveland “Clevie” Browne and the estate of his late partner Wycliffe “Steely” Johnson, alleges that numerous reggaeton artists have unlawfully used the instrumental percussion pattern from their 1989 track "Fish Market" without permission. This pattern, consisting of a programmed kick, snare, hi-hat, tambourine, synthesized tom, and a Bb bass note, is claimed to be a groundbreaking creation by Browne and Johnson, and a fundamental element in many reggaeton hits.
According to the lawsuit, the "Fish Market" beat gained significant recognition through Shabba Ranks' 1990 song “Dem Bow,” which played a pivotal role in popularizing the beat and the reggaeton genre as a whole. The plaintiffs argue that the beat's unique combination has been widely used by artists without proper credit or compensation.
Despite attempts by defendants to dismiss the case, U.S. District Judge André Birotte Jr. has ruled that the complaint meets the necessary procedural standards. This decision means the case will proceed to the discovery phase, where both parties will gather and exchange evidence, conduct depositions, and seek expert testimonials.
Bad Bunny's legal team has strongly opposed the lawsuit, arguing that it seeks to monopolize the entire reggaeton genre by claiming ownership over common musical elements. However, Judge Birotte indicated that it's too early to make a legal determination about the commonality and protectability of these elements, emphasizing the need for a thorough examination during the discovery process.
This lawsuit has the potential to set a significant precedent in the music industry, especially for genres like reggaeton that heavily rely on specific rhythmic patterns. It highlights the complex issues surrounding musical copyrights, where the lines between inspiration, homage, and infringement can often blur.
As the case progresses, it will undoubtedly be closely watched by musicians, producers, and industry professionals. The outcome could influence not only reggaeton but also other genres that incorporate repetitive and recognizable beats. For now, the world of reggaeton faces a period of intense scrutiny and legal uncertainty, with its most celebrated artists at the forefront of this landmark battle.
