Bad Bunny Seeks Reversal of Dembow Riddim Copyright Ruling

Bad Bunny and his label, Rimas Entertainment, have asked a federal judge to reconsider a ruling that keeps them in a copyright lawsuit over reggaeton's dembow rhythm. The motion argued that the plaintiffs are trying to get protection for a beat that doesn't exist in any work they own.

Judge André Birotte, Jr. ruled on July 1 that only a jury can decide whether the beat is protected by copyright. That order denied the defendants' motion and set the stage for a trial involving more than 150 artists.

The new legal filing stated that Birotte failed to address a defect in the case. The plaintiffs claim copyright over a rhythm combining seven elements found in three separate works: "Fish Market," "Dem Bow," and "Pounder (Dub Mix II)." However, none of those tracks contains all seven elements. The version of Fish Market filed with the US Copyright Office doesn't contain a timbales roll at the end of every other bar, even though both the tambourine and timbales are required components for the distinct work the plaintiffs want to protect.

The defendants argue that the plaintiffs have built a "Frankenstein" work from three different songs. Cleveland "Clevie" Browne and the estate of Wycliffe "Steely" Johnson claim that their 1989 track, "Fish Market," is the source of the dembow beat that runs through reggaeton. The lawsuit names artists including Karol G, Daddy Yankee, Drake, Luis Fonsi, and Justin Bieber, plus units of Universal Music Group, Sony Music, and Warner Music Group.

Stephen Doniger, one of the lawyers representing the plaintiffs, told Billboard that it's "disappointing that defendants continue to push their false narrative" about the dembow riddim. He added that the defendants "offer nothing new and no basis for reconsideration" and "we hope the court will quickly deny this motion." 

A hearing is scheduled for Aug. 14.