Carliz De La Cruz Hernández may proceed with her $40 million lawsuit against Benito Antonio Martínez Ocasio, known globally as Bad Bunny, after a Puerto Rico appeals court rejected the artist’s request to dismiss the case. The litigation centers on the unauthorized use of a voice recording of De La Cruz Hernández saying "Bad Bunny, baby" in the tracks "Dos Mil 16" and "Pa’ Ti."
The Origins of the Legal Dispute
The legal conflict stems from a voice note recorded in 2015, while both parties were in a romantic relationship. De La Cruz Hernández alleges that in 2022, Martínez Ocasio’s team approached her to purchase the rights to the recording for $2,000. According to her court filing, she declined the offer, yet the artist proceeded to include the audio in the song "Dos Mil 16," which appeared on the 2022 album Un Verano Sin Ti.
The lawsuit, originally filed in the San Juan Court of First Instance, asserts that the unauthorized inclusion of her voice caused her significant distress and confusion. De La Cruz Hernández claims the public now associates her identity with the phrase, leading to unwanted social media attention and commercial exploitation without her consent.
Appellate Court Ruling and Implications
In late 2024, the Puerto Rico Court of Appeals upheld a lower court’s decision to allow the case to move forward, effectively denying the defense’s motion for summary judgment. The appellate panel found that there were sufficient grounds to examine claims related to image rights, moral damages, and copyright infringement.
By allowing the case to proceed, the court has signaled that the unauthorized use of personal audio recordings—even those captured in private settings—can trigger significant legal liability when integrated into commercial products. This case is being closely watched by legal experts in the entertainment industry as it touches on the intersection of personal privacy, right of publicity, and the creative use of found audio in modern music production.
Case Details and Claims
| Aspect | Details |
|---|---|
| Plaintiff | Carliz De La Cruz Hernández |
| Defendant | Benito Antonio Martínez Ocasio (Bad Bunny) |
| Primary Claim | Unauthorized use of voice recording for commercial gain |
| Damages Sought | $40 million |
| Key Songs | "Dos Mil 16" and "Pa’ Ti" |
Understanding Rights of Publicity
The lawsuit highlights the legal concept of the "right of publicity," which protects individuals from the unauthorized commercial use of their name, likeness, or other recognizable aspects of their identity. In jurisdictions like Puerto Rico, courts have increasingly recognized that a person’s voice is a protected attribute of their identity.
The defense has maintained that the use of the recording was incidental and did not constitute a violation of privacy. However, the ongoing litigation will now focus on whether the recording of "Bad Bunny, baby" qualifies as a protected personal attribute and whether the artist’s failure to secure a formal contract for its use constitutes a breach of the plaintiff’s rights. The case is expected to return to the lower court for discovery and potential trial proceedings.
Worth a look