Copyright Lawsuit Raises Questions Over Reggaeton’s Defining Rhythm

A federal copyright lawsuit involving Latin music has raised an unusual legal question: Can a basic musical rhythm that helped define an entire genre be protected by copyright?

The case centers on the rhythmic pattern commonly associated with dembow, a foundational element of reggaeton. The lawsuit was brought by Jamaican music producer Cleveland “Clevie” Browne and the estate of the late Wycliffe “Steely” Johnson, who claim that numerous artists and music companies improperly used elements of their music without permission. The defendants include major artists such as Bad Bunny, Daddy Yankee, Drake, and J Balvin.

The plaintiffs trace their claims to the 1989 song “Fish Market,” as well as related recordings including “Dem Bow” and “Pounder (Dub Mix II).” They contend that the rhythmic pattern in those works became a key component of reggaeton and has appeared in thousands of songs.

Can a Rhythm Be Copyrighted?

Copyright law protects original works of authorship, including musical compositions and sound recordings. However, copyright protection does not extend to every individual building block used to create music. That distinction became central to the lawsuit.

The plaintiffs argued that a particular combination of percussion and rhythmic elements from their recordings constituted a protectable musical composition. The defendants, however, maintained that the claimed rhythm consisted of common musical elements that cannot be monopolized through copyright law.

The dispute became particularly complicated because the plaintiffs’ claimed rhythm was assembled from elements appearing across multiple works. Also, the plaintiffs had not identified a single copyrighted work containing the specific selection and arrangement they were attempting to protect.

The “Frankenstein” Copyright Argument

Attorneys for the defendants argued that the plaintiffs were effectively creating a new, composite copyrighted work by combining elements from several different recordings. The defense described the theory as a “Frankenstein” copyright because the allegedly protected rhythm was not contained in its entirety within one copyrighted work.

The judge agreed that this presented a fundamental legal problem. Before a court can determine whether a particular selection and arrangement is sufficiently original to receive copyright protection, the plaintiff must first identify the copyrighted work that actually contains that selection and arrangement.

Why the Case Matters to Reggaeton

The lawsuit has attracted significant attention because the disputed rhythm is closely associated with the development of reggaeton. The rhythm at issue consists of musical building blocks that should remain available to other musicians.

If common rhythmic patterns could be controlled by individual copyright holders, musicians could potentially face infringement claims for incorporating basic elements of an established musical style into new works.

Learn More About Copyright Infringement

Copyright law is designed to protect original expression while allowing subsequent creators to build upon ideas, concepts, and other elements that are not protected. It is not meant to protect against every single element of music.

Orlando trademark & copyright lawyer B.F. Godfrey from Godfrey Legal can help you understand the laws involved so your works are protected to the fullest extent possible. Schedule a consultation today by calling (407) 890-0023 or filling out the online form.

Source:

https://www.marketplace.org/story/2026/09/16/the-copyright-lawsuit-around-reggaetons-defining-rhythm