Reggae originated in Jamaica in the late 1960s and is characterized by its rhythmic and melodic elements, often featuring offbeat accents and socially conscious lyrics.
Reggaeton, on the other hand, developed in Panama and spread to Puerto Rico in the late 20th century. It combines elements of reggae, dancehall, hip-hop, and Latin music.
However, within the last few years, the legitimacy of the entire reggaeton genre has been under scrutiny as Jamaican dancehall production house Steely & Clevie Productions filed a copyright infringement lawsuit.
Steely & Clevie assert that 'Fish Market,' released in 1989 and featuring a widely-used "dembow" rhythm in reggaeton, has been sampled or interpolated nearly 2,000 times.
The assertion suggests that the success of Shabba Ranks's 1990 hit "Dem Bow," which legally incorporated the Fish Market rhythm with due credit to Steely & Clevie as co-writers, served as inspiration for other artists to emulate the rhythm.
They also claim that these artists had access to another song from 1990, "Pounder" by Bobo General and Sleepy Wonder, which, according to Browne and Johnson, shares a rhythm that is "substantially similar, if not virtually identical" to that of Fish Market.
While, in general, rhythms are not protected under copyright law in the US, an exception exists if it can be demonstrated that a rhythm is substantially unique or original.
In response, reggaeton artists are mounting a defense, with 107 out of over 150 musicians named as defendants filing motions in June to have the lawsuit dismissed, according to documents obtained by Dancehall Mag.
Popular artist Daddy Yankee faces legal action for more than 40 songs, the highest number among the three artists individually mentioned in the lawsuit.
Numerous hits from the Puerto Rican icon, such as "Gasolina," "Rompe," and "Lo Que Pasó, Pasó," are included, implicating his longtime producers Luny Tunes as well.
Simultaneously, and perhaps not by chance, Daddy Yankee has recently announced that he decided to step back from the world of Reggaeton and is now dedicating his life to his faith.
This revelation came during the concluding performance of his farewell tour, "La Meta" (The Goal), held at The Coliseo de Puerto Rico José Miguel Agrelot in San Juan on Sunday.
The legal proceedings initiated in 2021 have persisted with other popular artists as well, focusing on names such as Bad Bunny, Pitbull, Anitta, Luis Fonsi, and Karol G.
In general, it is challenging to sue over the basic rhythm or beat of a song. Copyright law, especially in the United States, typically does not protect simple and common elements like rhythms, beats, or chord progressions.
Copyright law is more concerned with protecting the specific expression of ideas, such as the melody, lyrics, and arrangement of a song.
However, there are situations where legal action can be taken if there is evidence that a rhythm is substantially unique or original and has been copied in a way that constitutes copyright infringement.
For instance, if a particular rhythm is intricate, innovative, and distinctively associated with a specific song or artist, and someone else replicates it closely without authorization, legal action might be possible.
"The people who are making millions off this music are living at a different level than the people who wrote the music originally,” says Katelina Eccleston, a reggaeton historian and creator of platform Reggaeton Con La Gata.
"Everybody wants Jamaican music and culture, but they don’t want to make sure Jamaicans can eat."
Many people fighting for this case believe that the issue comes from a long history of treating people differently based on their skin color. In reggaeton, the most successful artists usually have lighter skin, and they often get more advantages because of it.
Big record companies are now giving credit to artists who didn't originally work on a song to try and avoid copyright issues, and independent artists should do the same.
Always seek permission from the copyright holder before sampling any part of a song. Obtain a clearance or license for the specific sample you intend to use. This often involves negotiating terms and potentially paying a fee.
As a music creator, consider using royalty-free samples or those that are explicitly labeled for commercial use without the need for clearance.
If you want to heavily use inspiration from something of the past, go way back in time and consider choosing samples from works that are in the public domain, as they are not protected by copyright.
Even when you use samples, you might want to try altering sampled material significantly so that it becomes transformative and can be considered a new work. This may reduce the risk of infringement claims.
Overall, you want to stay informed about copyright laws in your jurisdiction. Understand the rules regarding fair use, transformative use, and the duration of copyright protection.
Related Post: How To Sample A Song The Right Way
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