A federal judge has refused to dismiss a copyright lawsuit that could expose the entire reggaeton industry to massive liability, rejecting claims by Bad Bunny, J Balvin, and dozens of other artists that a 1989 Jamaican instrumental track lacks the originality needed for legal protection.
U.S. District Judge André Birotte Jr. ruled Wednesday that genuine factual disputes prevent him from deciding whether “Fish Market” — the percussion arrangement created by Jamaican producers Steely & Clevie — qualifies for copyright protection. The decision keeps alive allegations that reggaeton’s foundational rhythm was stolen without permission or payment.
Producers Claim Genre Built on Their Beat
Cleveland Browne and the estate of the late Wycliffe Johnson, who recorded as Steely and Clevie, claim their 1989 track became the uncredited backbone of an entire musical genre. The lawsuit targets not just individual artists but major record labels that profited from songs allegedly built on unauthorized use of their work.
The reggaeton stars’ defense strategy centered on attacking the originality of “Fish Market” itself. Their legal team argued the percussion arrangement wasn’t creative enough to deserve copyright protection under U.S. law — essentially claiming the producers’ work was too generic to own.
Dueling Experts Leave Question for Trial
Judge Birotte found that both sides presented qualified expert testimony disputing whether the instrumental track meets the threshold for copyright protection. Those competing opinions created factual questions that must be resolved at trial rather than through summary judgment.
“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,” Birotte wrote. “These disputes go directly to the core issues in this case.”
The ruling means the Jamaican producers will get their day in court to prove their creation was original enough for legal protection — and that dozens of chart-topping artists copied it without authorization. If they prevail, the financial exposure could reach into the hundreds of millions given reggaeton’s commercial success over three decades.
The case now proceeds to trial, where a jury will hear competing accounts of musical creativity, cultural influence, and whether an entire genre owes its existence to two Jamaican producers who say they never got paid.
Key Points
- Judge denied summary judgment for both reggaeton artists and Jamaican producers, sending case to trial
- Artists argued 1989 “Fish Market” track too generic for copyright protection, but dueling experts created factual dispute
- Lawsuit claims entire reggaeton genre based on unauthorized use of percussion arrangement, exposing industry to massive liability
https://www.courthousenews.com/reggaeton-artists-unoriginality-argument-falls-short-in-jamaican-producers-copyright-suit/ – July 03, 2026
