Can you Copyright a Rhyme?
Rhymes and Copyrights
A recent copyright lawsuit has revived a long-standing question in music law: whether a rhythm alone can be protected by copyright. More than thirty years after releasing their song “Fish Market,” the plaintiffs claim that its signature “dembow” rhythm has been copied across dozens of popular reggaeton and Latin pop songs.
The Claim Over the “Dembow” Rhythm — The plaintiffs argue that “Fish Market” introduced a distinctive four-on-the-floor rhythm that became foundational to reggaeton and modern Latin pop. They allege that at least fifty-six songs infringe their work by incorporating this rhythm, seeking royalties and damages for decades of alleged copying.
Copyright Law and the Limits of Protectable Expression — Under U.S. copyright law, basic musical elements such as rhythms are generally not protectable. However, plaintiffs contend that their rhythm is sufficiently unique to warrant protection, pointing to industry recognition and earlier works that credited them as co-writers as evidence of originality and influence.
Why the Case Could Matter — By requesting a jury trial, the plaintiffs appear to be betting on a more flexible interpretation of copyright principles, following high-profile music cases like the “Blurred Lines” decision. The outcome could further influence how courts, and juries, evaluate originality and infringement in popular music.
For more information, see our blog post Lawsuit Raises Question of Whether Rhythms Are Copyrightable.
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This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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