In a landmark decision that could fundamentally alter the landscape of global music copyright, a federal judge has ruled that the question of whether the legendary Jamaican production duo Steely & Clevie invented the foundational "dembow" rhythm must be left to a jury. This decision, handed down on July 2, 2026, by Judge André Birotte Jr., marks a pivotal turning point in a massive, high-stakes legal battle that has ensnared the biggest names in Latin music—including Bad Bunny, Karol G, Daddy Yankee, and Justin Bieber.
The lawsuit, which alleges that the genre’s signature percussion loop was stolen from the duo’s 1989 track "Fish Market," is not merely a dispute over a single song. It is an existential challenge to the DNA of reggaeton itself, with hundreds of millions of dollars in potential damages and the future of a multibillion-dollar industry hanging in the balance.
The Heart of the Dispute: What is Dembow?
To understand the weight of this litigation, one must first understand the rhythm. The "dembow" is the heartbeat of reggaeton. It is that unmistakable, syncopated boom-ch-boom-chick pattern that acts as the sonic foundation for thousands of tracks, from the dancehall clubs of San Juan to the global charts of the streaming era.
Cleveland "Clevie" Browne and the heirs of the late Wycliffe "Steely" Johnson contend that this specific arrangement of percussive elements was their proprietary invention. They argue that their 1989 recording, "Fish Market," serves as the "original, copyrightable source" of the rhythm. By asserting that this rhythm is a protectable creative work, the plaintiffs are effectively arguing that the massive success of modern reggaeton has been built upon an unlicensed foundation.
The defendants, a massive roster of artists, producers, and record labels—including units of the "Big Three" music conglomerates—offer a starkly different narrative. Their legal teams argue that the dembow is not an invention but a stylistic evolution, drawing from centuries of musical history, including the Cuban habanera rhythm and various African-derived syncopations that have been common in Caribbean music for decades.
A Chronology of a Genre-Defining Conflict
The road to this courtroom showdown has been paved with years of industry growth and simmering legal tension.
- 1989: Steely & Clevie release "Fish Market," which they claim introduces the specific seven-element percussive arrangement now known as the "Dembow Riddim."
- The 1990s and 2000s: Reggaeton emerges from the underground scenes in Puerto Rico and Panama, rapidly adopting the dembow rhythm as its primary structural anchor.
- 2021–2023: As the genre achieves global dominance, Steely & Clevie file a sprawling copyright lawsuit. The scope of the filing is unprecedented, targeting nearly 2,000 tracks and over 150 artists, alleging that the widespread use of the rhythm constitutes massive copyright infringement.
- 2023: Legal experts and musicologists weigh in, with scholars like Duke University’s Jennifer Jenkins warning that the plaintiffs are seeking a "monopoly over an entire genre," an outcome that would be unprecedented in the history of music law.
- July 2, 2026: Judge André Birotte Jr. issues his long-awaited summary judgment. He denies the request to rule on the copyrightability of the rhythm as a matter of law, stating that the conflicting expert testimonies create a "classic dispute of fact" that only a jury can resolve.
The Judicial Stalemate: Why a Summary Judgment Failed
Judge Birotte’s ruling is a masterclass in judicial restraint. In a legal landscape where summary judgments often resolve disputes before they reach trial, the judge determined that neither the plaintiffs nor the defendants could claim a victory at this stage.
"The evidentiary record presents competing, facially credible expert opinions regarding what elements exist in the claimed works, how those elements function musically, whether they are commonplace or original, and whether they form a coherent and protectable selection and arrangement," Birotte wrote in his decision.
The judge highlighted the impossibility of settling the matter through paperwork alone. Because the plaintiffs’ experts argue for the uniqueness of the "Fish Market" construction, while the defendants’ experts point to a long lineage of precursor rhythms, the court cannot act as the final arbiter of musical history. By punting the decision to a jury, the judge has essentially acknowledged that the "dembow" is as much a cultural question as it is a legal one.
The "Second Phase": The Battle of Access
With the foundational question of copyrightability sent to a jury, the case now moves into a grueling second phase: discovery on the issue of infringement.
For the plaintiffs to succeed, it is not enough to prove that "Fish Market" is a protected work; they must also prove that the defendants had "access" to the song and that their subsequent tracks represent an unauthorized copy. Given the sheer volume of artists involved—from global icons like Drake and Pitbull to regional superstars—this discovery phase will likely be one of the most complex in music industry history.
The defendants will likely argue that their tracks were independently created, utilizing a common musical language that exists in the public domain, rather than copying a specific, protected master. The burden of proof will be heavy, and the legal costs for both sides will likely climb into the tens of millions of dollars.
Official Responses and Strategic Positioning
Following the ruling, the reactions from the legal camps were as distinct as their positions in the courtroom.
Stephen Doniger, lead counsel for Steely & Clevie, expressed a mix of frustration and resolve. "We are pleased that the court largely rejected the defendants’ arguments but disappointed that it did not grant our client’s affirmative summary judgment motion," Doniger stated. He remains steadfast in his belief that the jury will see the originality of the "Dembow Riddim," noting that the combination of seven discrete elements is, in his view, a clear case of creative ownership.
Conversely, the defense coalition—representing the industry’s most powerful labels and artists—has maintained a calculated silence, having not returned requests for comment immediately following the ruling. Their strategy has been consistent from the beginning: emphasize the "prior works" argument to demonstrate that the rhythm is a cultural commonality rather than an intellectual property.
Implications: A Precedent for Musical Genres?
The implications of this case extend far beyond the specific litigants. If a jury finds in favor of Steely & Clevie, it could effectively grant them a gatekeeping role over the most essential element of reggaeton.
Legal analysts have noted the "chilling effect" this could have on creative expression. If every foundational rhythm or "riddim" in genres like dancehall, hip-hop, or electronic music becomes subject to copyright ownership, the barrier to entry for new producers could become insurmountable.
"A win for Steely & Clevie would confer a monopoly over an entire genre," Jennifer Jenkins observed in previous commentary. Such a precedent could potentially lead to a cascade of similar lawsuits, where the originators of specific musical "vibes" or sub-genre blueprints seek royalties from the entire history of those movements.
Conclusion: A Jury’s Burden
As the case prepares for its next phase, the focus shifts to the jury box. Twelve individuals will soon be tasked with listening to hours of expert testimony, analyzing wave patterns, and debating the nuances of music theory to determine if a specific 1989 track owns the sound that has defined a generation of Latin music.
The "dembow" case is, in essence, a clash between the rigid, binary nature of copyright law and the fluid, collaborative nature of musical evolution. Whether the jury decides to uphold the sanctity of individual invention or protect the communal nature of genre-building, their verdict will undoubtedly stand as a historic milestone in the music industry.
For now, the beat goes on—but in the shadows of the courtroom, the industry waits to see if that beat will eventually come with a price tag.
