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Bad Bunny asks judge to reconsider reggaeton ‘dembow’ copyright ruling or certify it for appeal to the Ninth Circuit
Bad Bunny and his label, Rimas Entertainment, have asked a US federal judge to reconsider a ruling that keeps them in a copyright lawsuit over the "dembow" rhythm underpinning reggaeton music. In a motion filed on 15 July, the defendants asked the Central District of California court to revisit its 1 July decision or, alternatively, to certify the matter for immediate appeal to the Ninth Circuit, arguing the case hinges on a key legal question that has yet to be properly resolved.
The dispute centres on claims by Cleveland "Clevie" Browne of Steely & Clevie, who alleges infringement of a protectable combination of rhythms. Bad Bunny and Rimas contend the plaintiffs have pieced together a "Frankenstein" claim from three separate works, none of which contains all seven elements the court has identified, and cite Judge André Birotte Jr.'s own hearing remarks questioning this inconsistency. The lawsuit names over 150 artists, including Karol G, Daddy Yankee, Drake and Justin Bieber, alongside major labels, with a future phase set to examine whether hits such as Despacito copied the 1989 track Fish Market; the reconsideration motion is due to be heard on 14 August.
In short
- Bad Bunny challenges ruling keeping him in reggaeton "dembow" copyright case
- Defendants say plaintiffs' claim mixes elements from three separate works
- Case could go to Ninth Circuit appeal; hearing set for 14 August
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The plaintiffs maintain that the dembow, as a specific rhythmic combination they developed, deserves copyright protection as a creative work. They argue that just as orchestral arrangements of classical pieces merit protection despite building on earlier compositions, a distinctive and original rhythmic pattern—comprising multiple elements combined in a novel way—can constitute a protectable creative expression. If artists have systematically replicated this exact rhythmic combination without licence, they have infringed upon that protected work, regardless of whether individual elements appear elsewhere.
The case against
The defendants argue that copyright law protects discrete creative works with identifiable boundaries, not generic rhythmic patterns or combinations of unrelated elements. Since the plaintiffs' own claim allegedly draws on three separate compositions, with no single work containing all seven identified elements, there is no single, clearly defined protectable work to infringe. The dembow, as a foundational pattern in reggaeton, risks becoming an uncopyrightable genre convention if courts allow protection for nebulous combinations of borrowed elements rather than requiring a clearly delineated creative work.
Explained simply
Dembow is the rhythmic foundation of reggaeton music, a style originating in Puerto Rico. A copyright lawsuit questions whether a particular combination of rhythmic elements can be owned by one person, after Cleveland Browne alleged that modern reggaeton hits unlawfully used sounds he helped create.
Bad Bunny, one of reggaeton's biggest stars, is among over 150 artists and major labels named in the lawsuit. The case centres on whether Browne's specific rhythm combination deserves legal protection as an original creation, or whether it is simply a common element of reggaeton.
The outcome could significantly affect reggaeton music's future. If Browne prevails, famous songs like Despacito may need to be examined for copyright infringement, potentially creating liability for the artists and record labels involved.