Bad Bunny's Lawyers Seek Reconsideration of Reggaeton Copyright Case

In a Los Angeles courtroom Friday, lawyers for reggaeton superstar Bad Bunny and other major artists in the genre faced off with those representing Steely & Clevie, the duo behind the 1989 song "Fish Market," in a high-stakes copyright dispute. The case hinges on whether a combination of musical elements from multiple songs infringe upon the composition copyright for "Fish Market."

In July, U.S. District Judge André Birotte Jr. found that more than 1,800 reggaeton songs by nearly 100 artists potentially infringed on the original dembow rhythm pattern in "Fish Market." The plaintiffs claim this rhythm is integral to defining the genre.

Bad Bunny’s lead lawyer, Kenneth Freundlich, argued at Friday's hearing that Steely & Clevie did not own the composition copyright for "Pounder (Dub Mix II)," which includes a two-bar timbale loop. Freundlich pointed out that while Browne testified in court, he claimed the pattern came from two separate portions of "Fish Market," rather than being a single, continuous two-measure figure as alleged by plaintiffs.

Freundlich also noted that Steely & Clevie do not hold the composition copyright for "Pounder," only its sound recording. He accused the plaintiffs of claiming exclusive rights to a "complete blur" of elements taken from different songs, likening it to taking a slice from one painting and repeating it in another.

In response, plaintiffs’ lawyer Benjamin Tookey countered that Steely & Clevie did indeed own composition copyright for "Fish Market," and their defense was based on the presence of the two-bar timbale pattern within the song. He claimed this dispute is akin to someone claiming a piece from one painting as part of another, which is not accurate.

U.S. District Judge André Birotte Jr., who issued the July ruling, expressed his intention to review the matter further, citing that he needed "to mull this nightmare over some more." The judge took the case under submission and said it would likely take several weeks before issuing a decision.

Bad Bunny’s lawyers filed for reconsideration of the July ruling or an immediate appeal. Freundlich argued that taking the dispute to trial would be impractical, given the extensive discovery process required to examine 1,800 songs by scores of famous artists including Karol G and Daddy