San Juan .- The Supreme Court of Puerto Rico determined that Carliz De La Cruz Hernández, former partner of Bad Bunny, has the authority to claim image and copyright rights for the use of her voice in the famous phrase “Bad Bunny, baby” in the songs ‘Pa ti’ and ‘Dos Mil 16’.
“The plaintiff has presented sufficient facts to offer in due course the evidence that justifies this claim. In view of this, the lower forums erred in dismissing the cause of action under the Moral Rights of Authors Act,” stated a 50-page opinion issued by Associate Justice of the Supreme Court Mildred Pabón.
Carliz de la Cruz Hernández is a Puerto Rican lawyer who met Benito Antonio Martínez Ocasio, the artist’s birth name, in 2011, when they both worked at an Econo supermarket in Vega Baja, in the north of Puerto Rico, and they maintained an on-and-off relationship until 2016.
De la Cruz recorded the audio “Bad Bunny, baby” and sent it to Benito in 2015 at the artist’s request.
The plaintiff’s requests
Benito’s ex-partner filed a lawsuit on March 1, 2023, claiming 40 million dollars, arguing that the use of her voice violated her image and intellectual property rights.
The Supreme Court concluded that the causes of action related to the use of the plaintiff’s voice in the song ‘Pa ti’, released in 2016 and for which the lawsuit was filed in 2023, were time-barred.
However, the case continues due to the appearance of his voice on the track ‘Dos Mil 16’, in 2022 and in subsequent concerts.
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Before the release of that song, Bad Bunny’s representatives tried to pay de la Cruz for the audio; however, she rejected an initial offer of $2,000 and did not authorize her voice to continue being used commercially.
Despite not having permission to continue distributing the audio, it appeared in concerts, promotional campaigns, and other content linked to Bad Bunny.
Likewise, the artist used the voice in the concerts he offered at the José Miguel Agrelot Coliseum of Puerto Rico on July 28, 29, and 30, 2022, as well as in other shows, which caused the plaintiff to require psychological assistance.
Awaiting a verdict
In this context, the Supreme Court determined that the moral rights claim can proceed, because it presents sufficient facts to allege that De La Cruz’s vocal performance constitutes an original and creative work protected by the Moral Rights Act.
Likewise, the Supreme Court of Puerto Rico affirmed that there is sufficient evidence to maintain that there was no consent, express or tacit, for the use of the image, which in this case refers to the plaintiff’s voice.
It should be noted that the Supreme Court did not declare that De la Cruz Hernández won the case, but rather understood that he did present a claim with sufficient grounds for it to continue being evaluated and to return to the San Juan Court of First Instance.
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On the other hand, Associate Justice Ángel Colón Pérez issued a 25-page dissenting opinion in which he asserted that the court should have dismissed all claims, as De la Cruz Hernández’s voice appears briefly and constitutes an artistic expression protected by law.
