Steely & Clevie Productions Take Reggaetón’s Biggest Hitmakers To Court For Copyright Infringement
BY MICHAEL NATTOOJANUARY 6, 2023 03:11 AM
Steely & Clevie Productions’ copyright lawsuit against Luis Fonsi, of Despacito fame, appears to have mushroomed into an all-out legal assault on Reggaetón after multiple lawsuits against some of the genre’s biggest hitmakers were consolidated into a single action.
The Jamaican Dancehall production house now has a plethora of Reggaetón artists, producers, and record labels in its crosshairs, all of whom, it is alleged, illegally used and benefitted from elements of their Fish Market riddim. Released in 1989, Fish Market is also known as Poco Man Jam, but is most known internationally as Dem Bow—after Shabba Ranks’ hit track.
Filed in the United States District Court, Central District of California, the consolidated lawsuit lists Cleveland Constantine Browne (Clevie), Anika Johnson – a representative of the deceased Wycliffe Johnson (Steely), who died in 2009 in New York at age 47, and Steely and Clevie Productions Limited as the plaintiffs.
Meanwhile, according to court records obtained by DancehallMag, the Reggaetón defendants can be divided into three groups, as follows:
El Chombo
+ Pitbull, Karol G, Afro Bros (Giordano Ashruf, Shareef Badloe, and Rashid Badloe), Juston Records, Ultra Music, Sony Music
Steely & Clevie alleged that El Chombo, a Panamanian Reggaeton artist and producer, infringed on the Fish Market riddim in his song Dame Tu Cosita, which featured Jamaican artist Cutty Ranks. At 4.1 billion views, the song has the sixth most viewed music video on YouTube of all time.
The Dame Tu Cosita remix featuring Pitbull and Karol G, which was released on August 24, 2018, and was produced by El Chombo and Afro Bros, is also identified as an Infringing Work in the consolidated suit.
Luis Fonsi
+ Mauricio Rengifo (El Dandee), Andrés Torres, Myke Towers, Ozuna, Erika Ender, Justin Bieber, Dyo, Stefflon Don, Nicky Jam, Sebastián Yatra, Pablo Arevalo Llano, Farruko, Rauw Alejandro, Kobalt Music Publishing Ltd, Kobalt Music Publish Inc, Warner Chappell Overseas Holdings Limited, Universal Music, Sony Music
Puerto Rican singer Luis Fonsi is another primary Defendant in the consolidated lawsuit, with at least ten of his songs allegedly infringing on the Fish Market riddim. Some featured artists and producers of these songs are named alongside him in the suit.
The songs are:
1. Bésame— with Puerto Rican rapper Myke Towers, and produced by Andrés Torres and Mauricio Rengifo (of Cali Y El Dandee) — is certified RIAA Latin Platinum in the US, with 38 million views on YouTube since its release in 2021.
2. Calypso— with British-Jamaican rapper Stefflon Don, and produced by Andrés Torres and Mauricio Rengifo — has 447 million views on YouTube since its release in 2019.
3. Date La Vuelta — with Columbian singer Sebastián Yatra and American singer Nicky Jam and produced by Andrés Torres and Mauricio Rengifo — has 151 million views on YouTube since its release in 2019.
4. Despacito — with Puerto Rican rapper Daddy Yankee; produced by Andrés Torres and Mauricio Rengifo and co-written by Erika Ender, is the song with the most viewed music video on YouTube, at 8 billion views since its release in January 2017. The original song peaked at No. 44 on the Billboard Hot 100.
5. Despacito Remix — with Daddy Yankee and Justin Bieber — went on to top the Billboard Hot 100 for 16 weeks after its release in April 2017. It is RIAA-certified Diamond for sales exceeding 13 million units in the US as of 2020.
6. Échame La Culpa — with Demi Lovato and produced by Andrés Torres and Mauricio Rengifo — peaked at No. 47 on the Billboard Hot 100 after its release in 2017. The official music video has 2.2 billion views on YouTube.
7. Imposible — with Puerto Rican singer Ozuna and produced by Andrés Torres and Mauricio Rengifo — has 460 million views on YouTube since its release in 2018.
8. Perfecta — with Puerto Rican rapper Farruko and produced by Andrés Torres and Mauricio Rengifo — has 25 million views on YouTube since its release in 2020.
9. Sola — produced by Andrés Torres and Mauricio Rengifo — has 120 million views on YouTube since its release in 2019.
10. Vacío — with Puerto Rican singer Rauw Alejandro and produced by Andrés Torres and Mauricio Rengifo, has 39 million views on YouTube since its release in 2021.
Daddy Yankee
+ Chris Jedi, Gaby Music, Anuel AA, Yandel, Juan Carlos Salinas Jr. (Play), Oscar Edward Salinas (Skillz), David Alberto Macias (Scott Summers), Francisco Saldaña (Luny), Víctor B Cabrera (Tunes), Carlos Isaías Morales Williams (Sech), Rafael Antonio Pina Nieves (Raphy Pina), Urbani Mota Cedeño (DJ Urba), Luis Jorge, Romero (Rome), Marcos Masis (Tainy), Juan Carlos Ozuna Rosado (Ozuna), Juan Luis Morera Luna (Wisin), El Cartel Records Inc, Gasolina Publishing Co.
Over 40 songs associated with Daddy Yankee have been identified in the consolidated lawsuit as having directly sampled one or more elements from the Fish Market riddim. They are:
1. Te Ves Bien — a 1995 song that appeared on DJ Playero’s Playero 39 mixtape.
2. Camuflash — a 1996 song that appeared on the Playero 40 mixtape.
3. Latigazo — a 2002 song
4. Cuéntame — a 2004 song on Yankee’s Barrio Fino album.
5. Dale Caliente — produced by DJ Urba — appeared on Yankee’s 2004 album Barrio Fino.
6. El Empuje — produced by DJ Urba — appeared on Yankee’s 2004 album Barrio Fino.
7. Dos Mujeres — produced by Luny Tunes — appeared on Yankee’s 2004 album Barrio Fino.
8. King Daddy — produced by Luny Tunes — appeared on Yankee’s 2004 album Barrio Fino.
9. No Me Dejes Solo — with Wisin and Yandel, and produced by DJ Urba — appeared on Yankee’s 2004 album Barrio Fino.
10. ¿Que Vas Hacer? — with May-Be, and produced by Fido, — appeared on Yankee’s 2004 album Barrio Fino.
11. Machete — a 2004 song
12. Rompe — produced by DJ Urba — a 2005 song. It peaked at No. 24 on the Billboard Hot 100.
13. Gangsta Zone — Snoop Dogg — a 2005 song
14. Llegamos a la Disco — a 2009 song
15. Guaya — a 2012 song
16. Perros Salvajes — a 2012 song on Yankee’s Prestige album.
17. After Party — a 2012 song on Yankee’s Prestige album.
18. La Rompe Carros — a 2013 song
19. Po’Encima — a 2012 song on Yankee’s Prestige album.
20. Quiero Decirte — a 2012 song
21. Nada Ha Cambiado — a 2013 song
22. Alerta Roja — a 2016 song featuring various artists
23. Adictiva — produced by Chris Jedi — a 2018 song
24. Definitivamente — with Sech and produced by Nekxum — a 2020 song. It’s certified 2X RIAA Latin Platinum in the US.
25. Don Don — with Anuel AA and Kendo Kaponi — a 2020 song. It’s certified RIAA Latin Platinum in the US.
26. Dura — a 2018 song with 1.8 billion views on YouTube. It peaked at No. 43 on the Billboard Hot 100. It is certified 43X RIAA Latin Platinum in the US.
27. El Pony — produced by Chris Jedi and Gaby Music — was released in 2021 and has 65 million views on YouTube. It’s certified RIAA Latin Platinum in the US.
28. Gasolina — produced by Luny Tunes — peaked at No. 32 on the Billboard Hot 100 in 2004.
29. Hula Hoop — a 2017 song with over 158 million views on YouTube.
30. La Rompe Corazones — with Ozuna and produced by Chris Jedi — has over 600 million views on YouTube since its release in 2017. It’s certified 17X RIAA Latin Platinum in the US.
31. Lo Que Pasó, Pasó — a 2004 song
32. Métele Al Perreo — produced by Luny Tunes — has over 87 million views on YouTube since its release in 2021. It’s certified RIAA Latin Gold in the US.
33. Muévelo — with Nicky Jam and produced by Play N Skillz and Scott Summers — has over 190 million views on YouTube since its release in 2020. It’s certified 3X RIAA Latin Platinum in the US.
34. Problema — a 2021 song, with over 192 million views on YouTube.
35. Que Tire Pa’ ‘Lante — a 2021 song, with over 925 million views on YouTube.
36. Shaky Shaky — produced by Rome and Urbani — a 2015 song with 1.6 billion views on YouTube. It’s certified RIAA Latin Diamond in the US.
37. Si Supieras — with Wisin and Yandel, and produced by Luny — has over 457 million views on YouTube since its release in 2017.
38. Sígueme y Te Sigo
39. Zum Zum
40. Golpe de Estado
41. Calenton
Fish Market, according to the suit, represented a groundbreaking advancement in Reggae music at the time, as it was markedly different from other works made by Steely and Clevie. The riddim featured a combination of elements, including a programmed kick, snare, and hi-hat playing a one-bar pattern; percussion instruments; and a synthesized Bb (b- flat) bass note. It was further described in the suit as having, “a tambourine playing through the entire bar, a synthesized ‘tom’ playing on beats one and three, and timbales that play a roll at the end of every second bar and free improvisation over the pattern for the duration of the song.”
According to the suit, Steely and Cleevy believe the infringements and disregard by Reggaeton artists were intentional.
A section of the document read: “Plaintiffs are informed and believe and now allege that Defendants knowingly induced, participated in, aided and abetted in and profited from the illegal reproduction, distribution, and publication of one or both of the Infringing Works as alleged above. Specifically, the producers (including Sony, Ultra, UMG, and Juston) underwrote, facilitated, and participated in El Chombo, Energy Music Corp, Pitbull, Luis Fonsi, Daddy Yankee, Karol G, and the other infringing individual musician Defendants’ respective illegal copying during the creation of the Infringing Works and realized profits through their respective distribution, and publication of the respective Infringing Works.”
The consolidated complaint was supported with transcripts of instrumentals, comparing the Fish Market riddim with several of the allegedly infringing songs. For example, in the case of Luis Fonsi’s Despacito, the lawsuit pointed out that the rhythm section of that song copied original elements of the Fish Market rhythm section, including its original combination of drum and bass patterns.
“The musical backbone of Despacito and the Despacito Remix are substantially similar if not virtually identical to a significant portion of Fish Market…” the suit read.
In response to this, Fonsi’s lawyers said that the “defendants deny knowledge or information sufficient to respond to the allegations… except deny that all or any portion of the referenced composition and/or sound recording “Fish Market” is original or protectible and aver (maintain) that no response is required to the extent that the paragraph purports to state any conclusions of law”.
In their defense, Fonsi’s attorneys also argue that: “allegedly copied portions of the works at issue are neither original nor a protectable expression of an idea”; any allegedly copied portions of the works at issue lie in the public domain.”
