The very weird “dembow riddim” copyright case drags on. This is important to the future of songwriting.
There are certain things you cannot copyright when it comes to a song. (1) Song titles, (2) chord progressions, and (3) beats/rhythms. If this were possible, the very building blocks of songwriting would be wiped out, and no one would ever be able to write something new without being accused of theft and plagiarism.
But there’s currently a case before the courts that challenges number (3) above: The “dembow riddim” case.
The story thus far: Back in 1989, Jamaican duo Steely & Clevie released a single entitled “Fish Market.” It appeared as a B-side of a 7-inch single released on their own Kingston-based indie label Steely & Clevie Records. Not exactly something that lit up the charts, you know?
That beat has a name: “dembow” or “dem bow.” It’s heard throughout Latin music, including in songs by Bad Bunny and Daddy Yankee. It’s also found in a bunch of English-language pop songs.
In 2021, Steely and Clevie sued both Bad Bunny and Daddy Yankee for copyright infringement and plagiarism, saying that both artists interpolated the rhythm of “Fish Market.” (An interpolation is a faithful recording of the original, not a sample.) The lawsuit named 55 other artists, including Justin Bieber. They claim that more 150 artists and labels have used “their” dembow beat in more than 1,600 songs with Bad Bunny being the worst infringer with 77. Reggaeton doesn’t exist without this simple rhythm, just like disco wouldn’t exist without a 4/4 beat.
Steely and Clevie say that all this use of “their” beat without permission is flagrant copyright infringement. This is nuts, of course. If they win, songwriting as we know it is in big trouble. The defendants say the rhythm isn’t distinctive or original enough to qualify for copyright protection.
Yet the case drags on.
In 2024, a US judge declined to hear any arguments on behalf of Steely and Clevie. But it’s still being litigated, with each side accusing the other of bad faith.
I just don’t see a case. If you want to dig into things, the latest on the situation, go here.
