The Puerto Rico Supreme Court has ruled that Carliz De La Cruz Hernández can continue her lawsuit against Bad Bunny over the unauthorized use of her voice on the 2022 track “Dos Mil 16,” a critical decision that forces the global superstar and his label, Rimas Entertainment, back into litigation over voice rights and potential royalty obligations. This ruling rejects a previous dismissal of her right of publicity and copyright claims, signaling that voice memos recorded by non-performers may still carry enforceable intellectual property protections if fixed in a tangible medium.
Statute of Limitations Bars 2015 Track Claims
The court’s majority opinion, issued on Wednesday, July 8, upheld lower court rulings that De La Cruz Hernández waited too long to sue regarding the same vocal sample on Bad Bunny’s 2015 track “Pa Ti,” barring those specific claims under the statute of limitations. While the ex-girlfriend dated the artist from 2011 to 2016 and recorded the “Bad Bunny baby” tagline at his request, the legal window to challenge the use of that sample on the earlier song has closed. The lawsuit will now proceed exclusively regarding the 2022 song “Dos Mil 16,” which appears on the chart-topping album Un Verano Sin Ti.
Copyright and Right of Publicity Claims Revived
A pivotal shift in this case occurred when the Supreme Court revived De La Cruz Hernández’s copyright claims, which a lower judge had dismissed in 2024. Justice Mildred G. Pabón Charneco wrote that because the recording of her “personal, distinctive and incomparable rendition” was fixed in a tangible medium, copyright may arise in the recording itself. The court also affirmed her right of publicity claims, agreeing that the sample’s circulation on social media fueled fan speculation about the couple’s relationship, effectively driving album sales and serving as a form of advertising. This commercial exploitation finding means the artist must now defend against allegations that the vocal tag was used without permission or proper financial compensation.
Not all justices agreed with the majority; Justice Angel Colón Pérez filed a dissent arguing that none of the causes of action invoked were legally valid under Puerto Rico jurisdiction. The case will return to the San Juan Court of First Instance for further proceedings where both sides must present evidence on authorship, consent, and damages. Representatives for both De La Cruz Hernández and Bad Bunny did not immediately return requests for comment on the decision as of Friday, July 10.
This ruling establishes a significant precedent for labels and artists regarding the use of voice memos and informal recordings in commercial releases, potentially triggering new licensing obligations for tracks that rely on non-performer vocal contributions.
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