On Friday, March 18, lawyers for Despacito singer Luis Fonsi responded to a case of copyright infringement on Steely & Clevie's Fish Market / Dem Bow Dancehall, claiming that "they were not involved in any violation of any kind," that "no the potential balance between the functions involved, ”and to the extent that they“ deny sufficient knowledge or information to answer ”many claims.
The case was filed in October last year in the Central District Court of California, and later re-filed on January 18 this year, according to complaints received online that we even published this information. The lawsuit alleges that several of the Reggaeton singer's songs, including Despacitio a song whose YouTube video was viewed as infamous were infringing on Dancehall's copyright for their 1989 riddim called Fish Market, also known as Poco Man Jam.
In addition to Despacitio featuring Daddy Yankee, seven Fons songs: Bésame, Calypso, Date La Vuelta, Échame La Culpa, Imposible, Perfecta, Sola, Vacio are also listed as allegedly violating Fish Market riddim terms.
Doniger / Burroughs Lawyer represents Clevie, whose name is Cleveland Browne and the estate of the late Steely, whose birth name was Wycliffe Johnson and who died in 2009 in New York at the age of 47.
Pryor Cashman LLP represents defendants, according to their response to the complaint, which was submitted on March 18 and which was available even on this Blog.
The Pryor Cashman team of lawyers denied many allegations "and given that no answer is required to the extent that the paragraph intends to specify any legal conclusions".In describing the Fish Market beat, the case states, among other things, that riddim "is an original work including a traditional dance structure that gives a unique sound that distinguishes it from the original works" and includes a combination of instruments if with software. kick, trap, and hi hat, playing the structure of one bar, as well as the tari hitting the whole bar ”.
Supporting the case with copies of Fish Market song instruments. and Fonsi, the plaintiff claimed that part of the Despacito rhythms, Despacito Remix feat Justin Bieber, and other songs, copied the original elements of the rhythm part of Fish Market, as well as its original blend. of drum systems and bass.
In response to this, Fonsi's attorneys stated that the defendants denied sufficient knowledge or information to respond to the allegations ... unless they denied that all or part of the recorded references and / or audio record "Fish Market" were original or protected. and it is contrary (to maintain) that no answer is required to the extent that the paragraph intends to express any legal conclusion ".
In their defense, Fonsi's attorneys also state that: "the alleged copied parts of the work provided are neither original nor the expression of a protected idea"; any alleged copied parts of the work provided are located in the public domain.
Historical Background of Dem Bow
In describing the tragedy that led to the use of Fish Market riddim by Reggaeton artists, the case noted that "in 1990, after the successful release of Shabba Ranks' Dem Bow, Denis Halliburton aka" Dennis the Menace "again played Dem Bow. to create an instrumental sound record that was used to record a version of the Dem Bow Spanish language file called Ellos Benia.
Another song called "Pounder" by Patrick Bernard aka Bobo General "by Wayne Archer, popularly known as" Sleepy Wonder ", featured" B Side "which featured a mix of Halliburton audio recordings, and that the knot has been sampled from Reggaeton. and is widely known and referred to as the Pounder riddim.
"Pounder riddim is very similar if not completely similar to the Fish Market," the case was explained.
Fish Market was released in 1990 and featured songs such as the hit song Poco Man Jam and Gregory Peck; Father Crab and Johnny P, Tie Me Down with Flourgon, Trela Load of Girls by Shabba Ranks, and Papa San Dem fi Dead.
Other songs were Proceed Gal by Mega Banton, Gal yuh look Good by Admiral Bailey, Bad Mind of Red Dragon, and Stamina Body of Mega Banton.
Despacito
Aside from being the most watched music video on YouTube, Despacito's original version has been approved by the RIAA for sales of over 3.3 million copies in the United States.
Remix by Justin Bieber has been approved as Diamond for sales of over 13 million copies in the United States.
The song hit the charts in 47 countries when it was released in 2017. It is also listed as one of the most successful Spanish songs in history and was the first Spanish song since Macarena led on the Billboard Hot 100.
The remix produced by Justin Bieber also reached number one on the US Billboard Hot 100 and remained in first place for 16 consecutive weeks.
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