The copyright case alleges hundreds of reggaeton tracks ripped off a little-known 1989 song, but now Anitta, Pitbull, Luis Fonsi and many others are fighting back.
and many other artists, plus units of all three major music companies. The case claims that “Fish Market,” and several other songs that directly copied it, formed the basis for the “dembow” rhythm that’s been used in countless reggaeton songs in the years since.
But in Thursday’s response, lawyers from Pryor Cashman said the size of the case had made it a procedural disaster — a confusing mess in which nobody knows exactly what they’re accused of doing wrong. Without those specific allegations, they said Clevie & Steely had failed to satisfy “the fundamental elements of a copyright infringement claim.
The lawyers for Daddy Yankee and the other defendants also sharply criticized the length of time that elapsed before bringing the case. The U.S. Supreme Court has said that copyright cases can usually be filed even decades later, but Thursday’s filing said that Clevie & Steely’s case pushed that system to its breaking point.
“Plaintiffs neither filed any action nor registered any copyrights until 2020 — at least thirty years after the creation of the works,” the lawyers for the accused artists wrote. “These failures constitute misleading inaction, during which an entire genre of reggaeton music developed, which plaintiffs now claim to own.
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