Can a rhythm be owned? What a reggaeton lawsuit reveals about how copyright misunderstands music
A little-known American lawsuit could end up reshaping popular music. A US federal court is preparing to rule on a landmark copyright dispute. At its centre is an interesting question: can a short rhythmic pattern – one that appears in thousands of reggaeton tracks – be owned?
The case, known as the Fish Market dispute, asks whether a looping beat widely associated with reggaeton can be protected by copyright. More than 150 artists and producers have been named as defendants, and around 3,600 songs are implicated.
But the consequences stretch far beyond potential damages. If the claim succeeds, a rhythm that underpins an entire genre could become private property. The lawsuit exposes a long-standing weakness in copyright law, which is its inability to clearly define what makes a piece of music “original”.
Copyright is meant to be straightforward. Original musical works receive legal protection but copies do not. In practice though, music rarely fits this neat, binary logic.
Songs are built from shared elements like rhythms, chord progressions and harmonic patterns. Musicians can reuse, adapt and transform them. These building blocks are how music communicates. But copyright law offers little guidance on which musical elements can be protected, and which belong to everyone.
Unlike literature or visual art, music lacks clear legal........
