Steely & Clevie Attorney Faces Disqualification In Reggaetón Copyright Case

Garth A. Clarke, one of the attorneys representing Steely & Clevie Productions Ltd in its Reggaetón copyright lawsuit, is facing disqualification from the case due to an alleged conflict of interest.

A November 21 motion filed by Pryor Cashman LLP on behalf of several defendants argues that Clarke’s dual role as both attorney and potential fact witness creates an ethical conflict that compromises the proceedings.

The case, first filed in 2021 in California, centers on the claim that Steely & Clevie’s Fish Market Riddim, better known as “Dem Bow,” was unlawfully used in more than 1,800 Reggaetón songs — including hits by Bad Bunny, Daddy Yankee, Luis Fonsi, Drake, Justin Bieber and over 150 other artists and producers.

Plaintiffs, led by Cleveland ‘Clevie’ Browne, assert that the riddim, originally released in 1989, forms the foundation of the genre. However, Clarke’s involvement in the late copyright registration process for Fish Market in 2020—more than 30 years after its alleged creation—has drawn scrutiny from the defense attorneys at Pryor Cashman.

According to the filing, Clarke originally represented to the U.S. Copyright Office (USCO) in May 2020 that Fish Market was first published in Jamaica on November 15, 1989. When USCO initially rejected the application due to the lack of copyright relations between Jamaica and the U.S. at that time, Clarke changed his stance.

He subsequently claimed that the work was actually first released in the United States, specifically in New York, in 1989. This reversal led the USCO to accept the registration, but defendants now argue that the registration process was potentially tainted by misinformation and misrepresentations. Clarke’s alleged role in these communications makes him a central witness in the case, the filing argued.

The copyright registration for Fish Market.

The Pyor Cashman filing also argued that Clarke was added to Steely & Clevie’s legal team on the case solely to prevent him from being deposed about the registration process.

Interestingly, the filing noted that Clarke appears to have little litigation experience and has not spoken during any court appearances since being added to the legal team. They said that disqualifying Clarke would not prejudice the plaintiffs, who have been represented by their primary counsel, the Doniger/Burroughs firm, for over three years.

The plaintiffs in the case also includes the estates of Wycliffe “Steely” Johnson and Ephraim “Count Shelly” Barrett.

A hearing on the motion to disqualify Clarke is scheduled for January 10, 2025, in Los Angeles.