Bad Bunny is asking a federal judge to revisit a ruling in the blockbuster reggaeton copyright battle by arguing the lawsuit is built on a fundamental flaw.
According to Billboard, the underlying case, filed in 2021 by Jamaican reggae duo Steely and Clevie, names Bad Bunny, Karol G, Daddy Yankee, and numerous other artists. The plaintiffs claim the foundational dembow rhythm originated with their 1989 song “Fish Market” and two later tracks, "Dem Bow" and "Pounder (Dub Mix II)."
A judge previously ruled that a jury should decide whether the rhythm is protected by copyright.
Bad Bunny's attorney Kenneth Freundlich, argues that the court overlooked that Steely and Clevie are asserting ownership of a musical pattern that does not appear in any single recording.
“I think there’s no single work that contains all of the ‘Fish Market’ elements. So how do you reconcile that with the notion that we need to have a coherent pattern? It seems to be problematic,” said Freundlich, as seen in a July 15 filing reviewed by Complex.
Elsewhere in the filing, Freundlich characterizes the plaintiff as having “assembled a Frankenstein” across the three songs.
If the ruling stands, Bad Bunny is seeking permission to immediately appeal.
“Resolving it now ‘may appreciably shorten the time, effort, or expense of conducting’ the proceedings, especially where what lies ahead is a substantial similarity analysis of over one thousand works,” read the filing.
According to additional filings reviewed by Complex, Drake (who collaborated with Bad Bunny on 2018’s “Mia”) along with a number of Latin music artists have also backed the request, including Maluma Wisin, Yandel, Ovy on the Drums, Myke Towers, and De La Ghetto, and Carlos Vives.
Representing Steely and Clevie, attorney Stephen Doniger told Billboard it was "disappointing that defendants continue to push their false narrative," adding, "Defendants offer nothing new and no basis for reconsideration. We hope the court will quickly deny this motion."
