Bad Bunny's ex-girlfriend can continue voice lawsuit, Puerto Rico Supreme Court rules

The Supreme Court of Puerto Rico ruled that Carliz De La Cruz Hernández, ex-girlfriend of Bad Bunny, may proceed with her $40 million lawsuit over the unauthorized use of her voice saying "Bad Bunny, baby" in the song "Dos Mil 16" and in concerts. The court found her claims sufficiently plausible to continue, overturning lower court dismissals.

The ruling

The court held that De La Cruz presented enough evidence that her vocal performance may qualify as an original work protected under Puerto Rico's Moral Rights Law. Claims related to the earlier song "Pa Ti" (2016) were dismissed as time-barred, but the case moves forward for "Dos Mil 16" (2022) and subsequent live performances. Source: eldiado Justice Mildred Pabón authored the majority opinion; Justice Ángel Colón Pérez dissented, arguing the voice clip was too brief to be protected. Source: infobae

The dispute

De La Cruz, a lawyer, recorded the phrase in 2015 at Bad Bunny's request during their relationship. She claims her voice was used without permission in songs and concerts, including at the Coliseum of Puerto Rico. She seeks $40 million for violations of image rights, intellectual property, and emotional distress. She rejected a $2,000 offer just before the release of "Un Verano Sin Ti." Source: excelsiormx

What it means

Contrary to some headlines, De La Cruz did not "win" the lawsuit. The ruling only allows the case to continue to trial. The lower court must now assess the merits of her claims, including whether the use was transformative or infringing. Source: diariolibree