Steely & Clevie Lawsuit Judge Birotte Jr. Steps Down, Richlin Takes Helm in Reggaeton Copyright Battle

A new judge has been appointed to oversee the ongoing lawsuit filed by the estate of Dancehall pioneer Steely and his riddim twin Clevie against several reggaeton artists, producers and music labels.

According to documents obtained by World Music Views, in the notice issued by the United States District Court for the Central District of California, on March 12, 2024, the initial Magistrate Judge Andre Birotte Jr., who previously asked “whats the end game?” is no longer available to oversee the case.

The case has now been reassigned to Honorable A. Joel Richlin, another Magistrate Judge, specifically for handling any discovery and post-judgment matters that may arise during the proceedings. No reason was given in the notice on why Judge Birotte Jr. is no longer available to oversee the case.

The lawsuit includes prominent artists like Karol G, Bad Bunny, Drake, Daddy Yankee, Luis Fonsi, Justin Bieber, Pitbull, Rauw Alejandro, Diplo, and subsidiaries of the three major US record labels Universal Music Group, Sony Music Group, and Warner Music as defendants. Their lawyers have since raised concerns about stifling creativity within the reggaeton music genre.

On the other hand lawyers representing the Jamaican duo Steely & Clevie, alleges that their 1989 hit “Fish Market” introduced the Dembow rhythm, which has been copied or sampled in approximately 1,800 songs without proper credit or compensation.

Judge Andre Birotte Jr

During a two-hour debate 5 months ago in a Los Angeles courtroom, Judge Birotte Jr, who admitted to being a DJ, expressed worry about the potential impact of the lawsuit on creativity across various music genres saying,“What’s the end game? Does this lawsuit run the risk of arguably stifling creativity?… Look at the ripple effect this style has had on reggae, reggaeton, Latin music, Hip-Hop, you name it. Does this stifle the creativity of all of those genres?”

Scott Burroughs, representing Steely & Clevie, argued that many defendants had no issue clearing samples from other artists, suggesting a need for a reckoning.

On the other side, Kenneth D. Freundlich, representing Bad Bunny, denied allegations of infringement, stating that there were no direct samples of Steely & Clevie’s recordings in Bad Bunny’s work. Freundlich argued that elements like instrument choice and synthesized sounds are not protectable under copyright, leaving only the drum rhythm, which he claimed is not eligible for copyright protection.

Joel Richlin was appointed as a United States Magistrate Judge, succeeding former Magistrate Judge Alexander F. MacKinnon and sworn in on July 31, 2023, to preside over matters in Los Angeles in the Court’s Western Division.

Prior to his appointment, Judge Richlin served as General Counsel and Chief Litigation Officer of Prime Healthcare, leading a national legal department and overseeing litigation on behalf of the company’s hospitals and business units. He is recognized for his expertise in healthcare regulatory matters, including the False Claims Act and the Affordable Care Act.

Previously, Judge Richlin worked as Senior Counsel at Foley & Lardner LLP, representing clients in business litigation and healthcare matters. He also served as a law clerk to multiple federal judges and worked at Heller Ehrman LLP in commercial litigation.

Judge Richlin has been an Adjunct Professor of Law at Loyola Law School, Los Angeles for the past 15 years, teaching classes on appellate brief writing and oral advocacy. He is actively involved in various bar associations, focusing on increasing diversity in the legal profession.