Steely & Clevie Reggaetón Lawsuit: Hearing On Motions To Dismiss Pushed Back
A hearing on several motions to dismiss the copyright infringement lawsuit brought by Dancehall production company Steely & Clevie has been rescheduled for October 20.
The hearing was to have been held on September 22, after both sides submitted written pleadings in the matter in the US District Court for the Central District Of California.
The current iteration of the 228-page complaint, first filed in 2021, names over 160 Reggaetón artists, producers, and record companies, including Bad Bunny, Daddy Yankee, Luis Fonsi, Justin Bieber, Drake, Pitbull, Rauw Alejandro, and Diplo.
At the heart of the dispute is the allegation that these defendants unlawfully copied drum and bass elements from Steely & Clevie’s 1989 composition, Fish Market Riddim, in more than 1,800 songs.
In a bid to have the lawsuit thrown out by Judge Andre Birotte Jr., some defendants have argued that the elements allegedly stolen from the Fish Market are not protectable under US copyright laws. They further contend, among other things, that Steely & Clevie failed to properly register their copyrights for the Fish Market and the derivative Pounder Riddim prior to filing the lawsuit.
Other defendants, including Canadian rapper Drake, who did not initially file a motion to dismiss, have opted to join the motion filed by Pryor Cashman, LLP, the law firm representing the largest contingent of defendants in the case. The firm previously won a similar copyright case, clearing English superstar Ed Sheeran of allegations that his song Thinking Out Loud infringed on Marvin Gaye’s Let’s Get It On.
In response, Steely & Clevie filed papers opposing both the motions to dismiss and the motions to join.
The songs at issue in the suit span from 1995 to 2021 and include hits such as Luis Fonsi’s Despacito Remix with Justin Bieber and Daddy Yankee; Bad Bunny’s MIA with Drake; Drake’s One Dance with Wizkid and Kyla; El Chombo’s Dame Tu Cosita with Cutty Ranks; Daddy Yankee’s Dura, Gasolina, and Shaky Shaky; DJ Snake’s Taki Taki with Selena Gomez, Ozuna, Cardi B; and Pitbull’s We Are One (Ole Ola).
The law firm Doniger/Burroughs is representing the interests of Steely & Clevie Productions, Cleveland ‘Clevie’ Browne, the estate of Wycliffe ‘Steely’ Johnson, who passed away in 2009, and the estate of Ephraim ‘Count Shelly’ Barrett, another influential Jamaican producer who passed in 2020.
They are seeking all profits generated from the allegedly infringing songs, actual damages, statutory damages, interest, and attorneys’ fees.