Lawsuit Over Reggaeton Use of Jamaican Riddim

A federal judge in California is preparing to decide this fall whether the foundational Fish Market riddim, widely known as Dem Bow, qualifies for copyright protection, a ruling that could reshape how the Reggaeton industry acknowledges its Jamaican origins. Unlike most music copyright cases that examine similarities in melody or lyrics, this dispute centers on an instrumental track. The question before the court is whether a riddim can be protected under United States copyright law. U.S. District Judge André Birotte Jr. will begin considering the issue on September 26 when attorneys present arguments on competing motions for summary judgment.

The lawsuit was filed by the creators of the 1989 riddim, the late Wycliffe “Steely” Johnson and his partner Cleveland “Clevie” Browne, against more than 160 Reggaeton artists, producers, and subsidiaries of the three major record labels, UMG, Sony Music, and Warner. According to court filings, more than 1,800 songs allegedly used elements of the Fish Market riddim without authorization, including global hits such as Gasolina by Daddy Yankee, Despacito by Luis Fonsi and Justin Bieber, Mía by Bad Bunny and Drake, We Are One by Pitbull, and Taki Taki by DJ Snake.

A central group of 107 defendants, represented by the firm Pryor Cashman LLP, argues that Fish Market lacks the originality required for copyright protection. Their filings claim it is composed of common, pre-existing musical elements, including an old habanera rhythm that became part of Jamaican church music during the twentieth century. They also cite a 2005 interview in which Steely and Clevie acknowledged drawing inspiration from the Poco beat used in Pentecostal services. The vocal version of the riddim, titled Poco Man Jam, is presented as further evidence of that connection.

Attorneys for Steely and Clevie counter that the originality of Fish Market does not lie in individual drum components such as the kick, snare, or hi-hat. Instead, they argue the creative value is found in the distinctive selection and arrangement of those elements. Their position is that the defendants have ignored the originality of the riddim as a complete musical composition.

Both sides have assembled teams of musicologists and industry experts to address the technical questions in the case. Experts for the defendants include ethnomusicologists Dr. Wayne Marshall and Dr. Peter Manuel, forensic musicologist Dr. Joe Bennett, and audio engineer Paul Geluso. Experts supporting Steely and Clevie include Hopeton “Scientist” Brown, Lynford “Fatta” Marshall, Shaun “Sting Int’l” Pizzonia, Judith Finell, Dr. Kenneth Bilby, Jamaican composer Peter Ashbourne-Firman, and Clevie, who provided a detailed account of how the riddim was created.

Clevie, now sixty-five, challenged several claims of earlier musical works that the defense says resemble Fish Market. These include tracks such as Babylon Boops, Bad Bad Chaka, Come Pon Top, Big Belly Man, and Agony. He argued that none of those songs share the same configuration of rhythmic patterns, instrumentation, and arrangement. He also noted that several of the tracks cited as “prior art” were built on riddims that he and Steely had engineered for other producers, including Winston Riley.

Steely and Clevie’s attorneys also highlighted two statements by Dr. Marshall that they say contradict the defense’s position. They cited a private message he sent to Clevie’s manager, Danny Bouten, in which he appeared to support the originality of the riddim. According to the filing, Dr. Marshall wrote that he could never take a position against Clevie in the case and acknowledged that the riddim contained creative elements worthy of compensation. The attorneys further noted that Dr. Marshall previously recognized the originality of Jamaica’s Diwali riddim, which was created from individual elements that were not original on their own, arguing that the same standard should apply to Fish Market.

Steely and Clevie’s filing also referenced comments from Reggaeton pioneers that acknowledged the Jamaican origins of the Dem Bow beat. Daddy Yankee reportedly called the riddim creative and inspiring, stating that it influenced many musicians. Wisin and Yandel allegedly described it as totally original, while DJ Nelson observed that the rhythm originated in Jamaica and was popularized by Shabba Ranks in his song Dem Bow.

Roderick Gordon, an intellectual property attorney who is not involved in the case, said the immediate decision before Judge Birotte is whether the lawsuit will move forward to trial or be dismissed in whole or in part. He noted that the decision on summary judgment is highly technical, as the defendants are asking the court to rule that the lawsuit lacks legal merit. Gordon added that the outcome will likely influence how copyright law is applied to similar disputes involving claims of originality in music. He described the result as too close to predict.