Bad Bunny’s ex girlfriend has cleared a significant court obstacle in her continuing battle to prevent the reggaeton superstar from profiting off a voice recording she created without authorisation. In an 80-page ruling, Puerto Rico’s Supreme Court has determined that Carliz De La Cruz Hernández can proceed with her legal action charging the chart-topping artist of using her voice saying “Bad Bunny baby” on his 2022 chart hit “Dos Mil 16” without her consent. The court concluded that De La Cruz Hernández has provided sufficient evidence to substantiate her claim that Bad Bunny, born Benito Martinez Ocasio, and his firm Rimas Entertainment commercially exploited her voice on streaming platforms, social media, television, and radio whilst failing to compensate her. The case, which was originally filed in 2023, focuses on whether the utilisation of her vocal recording violated her ability to safeguard her identity from financial misuse.
Court Rules Voice Recording Claim Can Continue
The Puerto Rico Supreme Court’s decision constitutes a substantial victory for De La Cruz Hernández, who has alleged that Bad Bunny employed her voice memo as a commercial strategy to take advantage of public fascination with their tumultuous romance. Based on her court documents, she began dating the reggaeton star in 2011 and laid down the phrase “Bad Bunny baby” at his request in 2015. The couple split up, reconciled in 2017, and separated again, though they kept occasional interaction until 2019. De La Cruz Hernández maintains that the unauthorised reproduction of her voice across multiple platforms created significant financial benefit that she was never paid for.
Notably, the court reversed an earlier dismissal of De La Cruz Hernández’s copyright dispute, determining that she has the right to pursue arguments that her distinctive and individual voice performance may be protectible under copyright law. However, the court did place restrictions on her case, ruling that she had delayed excessively to seek damages for the earlier 2015 track “Pa Ti,” with the limitation period having expired. A dissenting judge argued that both claims should have been dismissed entirely, arguing neither was supported by law. The ruling now permits the case to progress further through the courts.
- De La Cruz Hernández can pursue claims related to “Dos Mil 16” going forward
- Statute of limitations elapsed for compensation claims pertaining to “Pa Ti”
- Reversal of the copyright claim permits voice performance protection arguments to proceed
- One dissenting judge disputed the majority’s legal reading completely
The Sequence of Recording and Relationship
The heart of De La Cruz Hernández’s case rests on the chronology of her relationship with Bad Bunny and the details concerning the voice recording. According to her formal submissions, the pair began dating in 2011, forming what would prove to be a tumultuous on-and-off relationship spanning nearly a decade. In 2015, whilst they were together, De La Cruz Hernández captured the phrase “Bad Bunny baby” at the reggaeton star’s request. This recording would subsequently become at the heart of the dispute, as she contends she never authorised its commercial exploitation on any of his tracks.
The relationship’s progression following the 2015 recording further complicates the legal matter. After their initial separation, De La Cruz Hernández and Bad Bunny got back together in 2017, only to break up again subsequently. Despite the final split, the pair continued communicating intermittently until 2019, when contact between them ceased. This prolonged period is significant because it determines the timeframe in which De La Cruz Hernández could have discovered the unauthorised use of her voice, a factor that influenced the court’s decision regarding the time limit on her claims.
Key Dates in the Conflict
The chronology of incidents spans more than a decade, starting with De La Cruz Hernández and Bad Bunny’s relationship inception in 2011. The significant 2015 recording took place during that period, preceded by the couple’s parting and eventual reconciliation in 2017. Their ultimate split occurred afterwards, with sporadic contact persisting until 2019. The lawsuit itself was only filed in 2023, nearly eight years after the voice memo was included on “Dos Mil 16” from the album Un Verano Sin Ti, raising important questions about when De La Cruz Hernández became aware of the unauthorised reproduction.
Business Promotion and Marketing Claims
De La Cruz Hernández’s legal complaint centres on the alleged unauthorised use of her voice on numerous platforms and promotional outlets. She contends that Bad Bunny and his company, Rimas Entertainment, made extensive use of her voice memo without permission, disseminating it through streaming services, social media platforms, television, radio, and various promotional campaigns. The voice recording functioned as a marketing hook, exploiting public fascination with the couple’s extensively publicised on-and-off relationship. According to her allegations, this strategic use of her voice significantly boosted commercial interest in the music and generated sales, successfully capitalising on her relationship with the artist for financial gain.
The Puerto Rico Supreme Court concluded De La Cruz Hernández’s arguments regarding commercial use sufficiently plausible to permit her case to move forward. The court acknowledged that she had provided adequate factual support for her assertion that her voice was exploited for commercial purposes without payment. The ruling recognised that the voice memo’s repeated use across multiple channels and its contribution to creating public interest represented potential commercial exploitation. Notably, the court found that De La Cruz Hernández had neither authorised nor been compensated for this widespread commercial use of her distinctive personal voice across the entertainment sector.
- Voice deployed throughout streaming services, social media, television, and radio without consent
- Recording served as a marketing tool leveraging the couple’s public relationship
- Alleged unauthorised application significantly boosted commercial interest and drove album sales
- No compensation offered to De La Cruz Hernández for commercial benefit
- Court established sufficient grounds of plausible commercial use to allow case progression
Legal Precedent and Dissenting Opinion
The Puerto Rico Supreme Court’s ruling permitting De La Cruz Hernández’s case to proceed constitutes a important advancement in voice rights legal proceedings within the jurisdiction. The majority opinion reversed an earlier dismissal of her intellectual property claim, determining that she held a valid entitlement to bring forward allegations that her personal and distinguishable voice recording might constitute copyrightable subject matter. This reversal indicates the court’s readiness to acknowledge voice recordings as possibly protected by copyright works, especially when they feature unique individual recordings captured without authorisation for profit-making activities.
However, the ruling was not unanimous. A dissenting judge pressed for dismissal of both actions, maintaining that neither claim was legally grounded. The dissenting opinion illustrates ongoing judicial debate regarding the scope of voice protection and copyright legislation in current music litigation. This difference of opinion highlights the intricate legal landscape surrounding voice rights, especially in situations with former romantic partners and purported unauthorised commercial exploitation. The split decision demonstrates how courts continue grappling with reconciling artists’ business interests against individuals’ rights to control their voice recordings.
Copyright and Identity Rights
The court’s reversal of the copyright dismissal confirms that De La Cruz Hernández may advance her claim that her voice recording constitutes protectable intellectual property. This decision broadens traditional copyright protections to encompass distinctive vocal performances, recognising that a personal and identifiable voice may warrant legal protection comparable with other creative works. Additionally, the court affirmed her right to protect her identity from commercial exploitation, recognising that individuals hold inherent rights prohibiting unauthorised commercial use of their distinctive personal characteristics without proper payment or permission.
What Happens Next in the Proceeding
De La Cruz Hernández’s legal victory at the Puerto Rico Supreme Court represents a significant procedural milestone, but the core dispute over Bad Bunny’s alleged unauthorised use of her voice remains unresolved. The case will now go back to lower courts for further proceedings, where both parties will present evidence and arguments on the merits of her claims. De La Cruz Hernández must prove that Bad Bunny and Rimas Entertainment deliberately exploited her voice recording across streaming platforms, social media, and promotional campaigns without her permission, thereby unfairly profiting from her unique voice.
The defendants must contend with defending against allegations that cover various commercial contexts, from radio broadcasts to television appearances and digital marketing campaigns. Bad Bunny’s legal team will probably contend that the voice memo’s use was either authorised, constituted fair use, or fell outside the scope of protectable rights. The case’s outcome could set significant precedent regarding voice rights and commercial use in Puerto Rico’s jurisdiction, potentially influencing how artists and record labels address consent and payment matters involving personal voice recordings in future disputes.