A federal judge in Los Angeles has declined to dismiss a significant copyright dispute between Jamaican music producers and numerous prominent reggaeton artists, including Bad Bunny and J Balvin. The case centers on allegations that the reggaeton genre extensively relies on unauthorized use of a 1989 instrumental track.
U.S. District Judge André Birotte Jr. denied summary judgment motions from both the defendants and the plaintiffs in a decision issued Wednesday. The plaintiffs include producer Cleveland Browne and the estate of Wycliffe Johnson, who performed together professionally as Steely and Clevie. The defendants comprise dozens of musicians and their associated record labels.
At the heart of the dispute is the instrumental track “Fish Market,” which the Jamaican producers recorded in 1989. The plaintiffs contend that the percussion arrangement from this track, featuring specific kick, snare, hi-hat, and tom elements, has been widely copied throughout the reggaeton genre without proper authorization.
The defendants challenged the lawsuit by arguing that the percussion arrangement in question lacks sufficient originality to warrant copyright protection under United States law. However, Judge Birotte determined that conflicting expert testimony from both sides created genuine disputes of material fact that prevent a legal ruling at this stage.
“The record presents genuine disputes of material fact regarding the identification, characterization, and protectability of the Fish Market elements, precluding summary judgment in either side’s favor,” the judge stated in his ruling. He noted that these disputes are fundamentally driven by competing expert analyses regarding originality and protectability.
The case’s complexity is amplified by the track’s subsequent history. “Fish Market” was initially recorded as a B-side to Gregory Peck’s “Poco Man Jam” and later licensed to dancehall artist Shabba Ranks for his 1990 hit “Dem Bow.” This usage gave rise to what became known as the “dembow riddim” or “dembow rhythm.” The rhythm was subsequently incorporated into Dennis Halliburton’s “Pounder Riddim” recording, with a later version allegedly being sampled or copied by numerous reggaeton artists.
During a December 2025 hearing, Benjamin Akley, representing multiple artists and record labels, argued that the producers’ claimed percussion arrangement does not appear in any single work. He suggested that the plaintiffs were attempting to piece together elements from various tracks to establish ownership of a protectable composition.
Ken Freundlich, representing Bad Bunny, expressed frustration with what he characterized as the plaintiffs’ shifting claims. He argued that the producers were attempting to construct a composite work from different recordings, leaving defendants uncertain about the specific alleged infringement. “We have thousands of songs in this case and we still don’t know what we’re comparing them to,” Freundlich stated during the hearing.
Stephen Doniger, representing the plaintiffs, countered that defense experts had not identified any prior work containing the identical combination of drum, percussion, and bass elements present in “Fish Market.” He emphasized that no evidence existed suggesting his clients had copied the arrangement from elsewhere.
The judge’s decision means the case will likely proceed to trial, where a jury may ultimately determine whether the Jamaican producers’ drum pattern possesses sufficient originality to support copyright infringement claims against potentially thousands of reggaeton songs. This outcome could have substantial implications for the reggaeton music industry and the broader interpretation of copyright protection for rhythmic patterns in popular music.
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