The Caribbean is a melting pot of heritage. The region was inhabited by Indigenous Americans, followed by Europeans who brought enslaved people from China, India, and Africa to grow crops in the colonies for shipment back to their respective countries. This migration context has shaped the Caribbean’s distinct culture, including its food, dress, and music. As industries advanced and the colonies became independent countries, Caribbean people travelled among the islands, sharing and learning from each other’s cultures, reflected in each country’s heritage. On the surface, it is cultural appreciation. But as technology advances, the line between appreciating culture and misappropriating protected works is blurred. This distinction has dissolved, nearing ambiguity, leaving U.S. District Judge André Birotte Jr. puzzled in Cleveland Constantine Browne et al v. Rodney Sebastian Clark Donalds et al.
Jamaican reggae and dancehall producers Cleveland Browne and Wycliffe Johnson, known as Steely and Clevie, released an instrumental work titled “Fish Market” in 1989.[1] The song features a prominent drumming pattern with kick and timbales-pitched snares, keyboard stabs, and a short, shrill melody. This became the basis for the “Dem Bow” riddim[2], which some reggaeton artists have cited as integral to the genre.[3]
While Latinx music was at its apex, Johnson’s estate and Browne filed a copyright infringement suit in 2021, alleging that more than 3,600 reggaeton songs appropriated “Fish Market”. Defendants include Bad Bunny (who included the riddim in his Super Bowl performance), Mr. 305 himself, Pitbull, and even Drake.[4]
The plaintiffs argued that the “Dem Bow” riddim has a “unique selection and arrangement of seven musical elements that have not been found in earlier works, thus deserving of copyright protection.”[5] Conversely, the defendants argue that “the selection and arrangement the plaintiffs claim rights over does not exist in any copyright they own, and that what they say is unique is actually a common rhythm that cannot be exclusively claimed.”[6] Judge Birotte stated he could not “dissect the genres’ features to determine whether the elements common between the allegedly infringing works and the subject works are commonplace” and that he would come back with an order before the end of January.[7] But this analysis goes beyond looking at the genres, rather to their origins. Luckily, you have your trusty Caribbean musician-turned-law student as a guide (i.e., me).
Reggae originated in the 1960s in Kingston, Jamaica’s impoverished Black community, influenced by Jamaican folk, soul, and African music.[8] Nyabinghi drumming patterns, brought by enslaved Africans, are the basis of reggae compositions.[9] Reggae is the foundation of dancehall. Reggaeton, influenced by reggae, originated in Panama in the 1980s with roots in Latin rhythms, dancehall, and hip-hop.[10] The original sound is credited to West Indian immigrants who came to Panama to help construct the Panama Canal, marrying reggae and dancehall to forge a new hybrid sound.[11] It gained popularity throughout Central America and the Spanish-speaking Caribbean in the 1990s and 2000s, with hits like Daddy Yankee’s “Gasolina”.[12]
Riddims are common in Caribbean music.[13] Along with the “Dem Bow” riddim, the “Diwali” riddim is one of the most popular. Club hits like Sean Paul’s “Get Busy”, Wayne Wonder’s “No Letting Go”, and many more sample the riddim’s distinctive kick and clap pattern. However, the riddim was licensed by its creator, Steven “Lenky” Marsden. Therefore, it is difficult to find a precedent to solve this dispute.
In their complaint, the plaintiffs assert that “Fish Market” has an “original drumming pattern [distinct from] prior works”.[14] They highlight the selection and arrangement of instruments, as well as the patterns particular instruments play over the two-bar groove that serves as the basis of the song, implying that both the rhythm and the selection of instruments for each arranged phrase are copyrighted.[15] However, the copyrightability of drum patterns is a question with divergent answers. Some assert that drumming patterns are not considered part of songwriting and that lyrics and melody receive copyright protection before harmony and rhythm.[16]
This cut-and-dry approach can benefit some works but can be detrimental to others. Following this approach, a composer is free to support their bossa nova song with a bossa nova drumming pattern without getting sued by Milton Banana’s estate. Conversely, the distinctive drum opening of Benny Goodman’s “Sing, Sing, Sing” would be unprotected, although it is instantly recognizable. The protectability of drumming pattern s depends on whether they meet the low threshold of originality and creativity under copyright law.[17] It is not unreasonable to think that a drumming pattern could be protected if it was independently created and involved creative choices in its composition, such as the selection and combination of musical elements.[18]
A drumming pattern’s purpose or role in a musical composition may be a helpful factor in determining whether that drumming pattern in that song is protectable. The complaint states that the drumming pattern is “prominent in the mix,” implying that its role goes beyond background accompaniment.[19] It is not unreasonable to think that a drumming pattern’s role in the original musical composition, as a whole, can factor into the analysis for the “selection and arrangement” element when determining whether a work is original.[20] A composer may select drums with different timbres, arrange a drumming pattern, build the composition around it, then enhance it in post-production so that it is clear to a lay listener that it plays an important role in the song. For example, producer Kaytranada opens several tracks on his Grammy-winning album Bubba with distinctive drumming pattern. This approach may distinguish the copyrightability of drumming pattern in songs where they are front and center, like “Sing, Sing, Sing,” from background accompaniment in a Top 40 song. Here, it may be helpful to consider the role of the percussive elements in “Fish Market” to assess its protectability.
As mentioned, Caribbean music originates from many places, so it is difficult to trace back to a single unified source. Regarding the defendants’ point that the drumming pattern is common and not exclusive, the origins of reggae and reggaeton may support their argument. While it is undisputed that reggaeton came from reggae, reggae partially came from African music – so how far must one go back to determine who owns what, if there even is a “who”? For example, the Afro-Cuban 3/2 clave rhythm is identical to many modern Afrobeat percussive patterns. They share a common source in Africa, but public-domain concerns apply because the pioneers lived centuries ago. It is possible that, as reggaeton evolved, it incorporated elements beyond reggae and “Fish Market”?
After reading the first complaint and listening to the two works involved, I do not believe the similarities between those particular works were substantial. However, given that there are enough defendants to fill an auditorium, it is possible that one of them appropriated copyrightable elements of “Fish Market” and the “Dem Bow” riddim.
[1] Compl. at 5:15-16, Browne v. Donalds, No. 2:21-cv-02840-AB-AJR.
[2] Compl. at 6:1-5, Browne, No. 2:21-cv-02840-AB-AJR.
[3] Ivan Moreno, In Reggaeton Case, Judge Asks If Beats Are Commonplace, Law360 (Dec. 19, 2025, 8:33 PM), https://www.law360.com/media/articles/2424172?nl_pk=0d0b6448-2ae8-4d78-9b3c-3c3160478f5d&read_more=1&nlsidx=0&nlaidx=0; Complaint 6:3-5.
[4] Coverage, Cleveland Constantine Browne v. Rodney Sebastian Clark Donalds, Law360, https://www.law360.com/cases/606706e5b708da72b2057ebe?article_sidebar=1 (last visited Feb. 1, 2026).
[5] Moreno, supra note 3.
[6] Id.
[7] Id.
[8] See Reggae, Britannica.com, https://www.britannica.com/art/reggae (last visited Feb. 1, 2026); Ariana Westbrook, Reggae, Black Past (Feb. 14, 2009), https://blackpast.org/global-african-history/reggae/; Jake Homiak, Black History in Roots Reggae Music, Smithsonian Center for Folklife & Cultural Heritage (Feb. 26, 2021), https://folklife.si.edu/magazine/black-history-in-roots-reggae-music?.
[9] See Stephen Davis, Reggae Bloodlines: In Search of the Music and Culture of Jamaica (1992).
[10] Rosie Bell, You Love Reggaeton, But Do You Know Where it Came From?, Shondaland (Jun. 12, 2019), https://www.shondaland.com/live/a27892003/history-of-reggaeton/.
[11] Bell, supra note 10.
[12] Harrison Hohman, The Rise of Reggaeton, The Stanford Daily (Apr. 27, 2018 5:18 AM), https://stanforddaily.com/2018/04/27/the-rise-of-reggaeton/.
[13] In Caribbean music, a riddim refers to the instrumental backing track of a song and represents the rhythm section that creates the song’s “groove” through its bass and low drum components. When a riddim becomes popular, it can be featured in many dozens or even hundreds of different songs, appearing in both recorded versions and live performances (See generally Steve Goodman, Sonic Warfare: Sound, Affect, and the Ecology of Fear, 161 (MIT Press 2009)).
[14] Compl. supra note 1, at 5:18-19.
[15] Id. at 5:20-24.
[16] Can You Copyright a Drumbeat?, Lawyer Drummer, https://lawyerdrummer.com/2018/04/can-copyright-drumbeat/(last visited Feb. 1, 2026).
[17] See Structured Asset Sales, LLC v. Sheeran, 120 F.4th 1066 (2d Cir. 2024); 17 U.S.C. § 102.
[18] Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 362 (1991) (“the standard for originality is low…the Constitution mandates some minimal degree of creativity.”).
[19] Compl. supra note 1, at 6:25-26.
[20] See Feist 499 U.S. at 362.