Judge Birotte Reverses Course, Dismissing Core Dembow Copyright Claims Against Bad Bunny and 150+ Artists

Key points

• Judge Birotte reversed his July 2026 decision, ruling that Steely & Clevie could not proceed with their copyright infringement claims against the defendants.
• The lawsuit, filed in 2021, alleged that the 1989 song 'Fish Market' was the source of the dembow rhythm used in over 1,800 reggaeton songs.
• Bad Bunny's attorney Kenneth Freundlich argued that the plaintiffs were combining musical elements from multiple songs, a practice copyright law does not support.
• The ruling dismissed the core compositional claims but left open narrower allegations regarding direct sampling of Steely & Clevie's sound recordings.
• The case involved high-profile artists including Bad Bunny, Karol G, Daddy Yankee, Drake, and Justin Bieber, with potential trial preparation estimated to last until 2035.

Background

This development follows a multi-year legal battle that began in 2021 when Cleveland 'Clevie' Browne and the heirs of Wycliffe 'Steely' Johnson sued major reggaeton artists. In July 2026, Judge Birotte had initially allowed the case to proceed to a jury trial, but he reversed that decision in September after reviewing arguments from the defense. The case had previously threatened to set a precedent that could have given the plaintiffs control over foundational elements of the reggaeton genre.

How outlets are covering it

USA TODAY and Rolling Stone both emphasize the legal technicality of the judge's reversal, noting that the plaintiffs failed to identify a single copyrighted work. Rolling Stone highlights the argument that the 'Fish Market Elements' were a 'pastiche' assembled from different portions of different songs, including 'Pounder (Dub Mix II),' for which Steely & Clevie do not own the composition copyright. Consequence of Sound frames the victory as a defense of the genre's cultural foundations, describing the plaintiffs' claim as a 'Frankenstein copyright.' Remezcla provides a timeline of the case, noting the unusual nature of the judge's reversal and the broader implications for the Latine music industry. All sources agree that while the core claims were dismissed, the case is not entirely over due to remaining sampling claims.

Why it matters

The ruling prevents a potentially decade-long trial that could have established a precedent allowing copyright claims based on abstract amalgamations of musical elements. It protects the creative freedom of reggaeton artists and ensures that copyright law continues to protect specific, original works rather than generic rhythmic patterns. The decision also avoids the massive financial and logistical burden of litigating over 1,800 songs, which could have delayed the release of new music and impacted the careers of major artists.

What to watch

The parties must now propose a schedule for addressing the remaining claims regarding direct sampling of Steely & Clevie's sound recordings. These claims are narrower than the dismissed compositional claims and may proceed to trial or settlement in the coming months. The outcome of these remaining claims will determine the final resolution of the lawsuit and any potential financial liabilities for the defendants.