ANTHONY J. WENN

Senior Associate

Rhythms Under Fire - The Fight Over Reggaeton's Borrowed Beats

September 26, 2024

In the last two decades, Latin music has experienced an unprecedented surge in global popularity. Genres like reggaeton, Latin trap, and bachata have transcended cultural and linguistic barriers to become mainstream sensations. Artists such as Daddy Yankee, Bad Bunny, J Balvin, and Karol G have cemented Latin music’s place in the global music landscape.

Latin music's journey from niche to mainstream can be traced back to hits like Daddy Yankee’s "Gasolina" (2004), which brought reggaeton to international audiences. Reggaeton holds profound cultural significance, as it represents the fusion of various musical and cultural traditions, primarily from the Caribbean and Latin America. Born in Puerto Rico in the early 1990s, reggaeton emerged as a unique blend of Latin rhythms, Jamaican dancehall, hip-hop, and electronic music. In the 2010s, artists like Shakira and Luis Fonsi contributed to this momentum, with Fonsi’s "Despacito" (featuring Daddy Yankee) becoming a worldwide phenomenon, topping charts and breaking streaming records. More recently, Bad Bunny, with his mix of reggaeton and Latin trap, has become one of the most streamed artists globally. His influence was further highlighted when he became the first all-Spanish language act to top the Billboard top 200 songs.

This explosion of Latin music has translated into massive commercial success. In 2022 alone, Latin music generated $1.1 billion in revenue in the U.S., marking a 24% increase from the previous year. It also dominated streaming platforms like Spotify and YouTube, where Bad Bunny was the most-streamed artist globally for three consecutive years.

With this rise in popularity, however, has come increased scrutiny and legal challenges, particularly in the area of copyright infringement. Many reggaeton songs, rooted in the "Fish Market" riddim popularized in Jamaican dancehall, have come under fire for unauthorized sampling. 1

The most high-profile case involves Jamaican producers Steely & Clevie, who filed a lawsuit in 2023 against multiple reggaeton artists, including Bad Bunny, Daddy Yankee, and Luis Fonsi. The lawsuit alleges that over 1,800 songs used elements from Steely & Clevie’s "Fish Market" riddim without permission. This riddim was integral to the creation of the "Dem Bow" beat, which later became a foundation for reggaeton? 2

Steely & Clevie’s legal claim argues that their riddim has been widely sampled in reggaeton hits like "Gasolina" and "Despacito", with no credit or compensation given. The case is significant because it could reshape how sampling is approached in the genre and beyond. The U.S. District Court for the Central District of California recently allowed the lawsuit to proceed, rejecting attempts by the defendants’ legal teams to dismiss the case. As it moves into the discovery phase, experts from both sides will provide testimony, with millions of dollars in potential damages at stake.

The ongoing legal battles surrounding reggaeton's use of the "Fish Market" riddim highlight a pivotal moment in music, where the boundaries of creative borrowing and copyright protection are being tested. If Steely & Clevie succeed, it could set a precedent that strengthens intellectual property protections for foundational rhythms and sounds, potentially reshaping how artists approach sampling and beat production across genres. Conversely, a ruling in favor of the defendants may affirm the idea that certain musical elements, especially those deeply rooted in shared cultural traditions, are part of the public domain. The outcome will not only impact reggaeton but could influence the music industry's approach to creative ownership and sampling rights more broadly.

Citations:

Dan Ubick, Theft of an Entire Genre? Court Rejects Dismissal Motions in Reggaeton Copyright Infringement Suit Against Over 50 ArtistsDigital Music News (May 31, 2024), https://www.digitalmusicnews.com/2024/05/31/reggaeton-copyright-lawsuit-decision.

Stage Set For Arguments in Steely & Clevie's Copyright Lawsuit Against Bad Bunny and Other Reggaetón StarsDancehallMag (May 31, 2024), https://www.dancehallmag.com/2024/05/31/stage-set-for-arguments-in-steely-clevie-case.html.

Photo from RiddimStyle Magazine. Cleveland Brown, Clevie (left) and Wycliffe Johnson, Steely (right)


1) "Riddim is no slang, riddim is sacred. This word describes rhythmic patterns that are handed down from generations. Virtually all the reggae you are familar with is based on classic riddims… even the James Bond theme is based on a riddim. Riddim is part of the soul it is ancient.” Riddim, Urban Dictionary, https://www.urbandictionary.com/define.php?term=riddim (last visited Sept. 19, 2024).

2) A key element in reggaeton's rhythm is the "Fish Market" riddim, created by Jamaican producers Steely & Clevie in 1989. The riddim was first popularized by Shabba Ranks' track "Dem Bow", a song that would later provide the foundation for reggaeton's defining beat?.

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