The Supreme Court of Puerto Rico has ruled that Carliz De La Cruz Hernández can proceed with parts of her lawsuit against Bad Bunny over the use of her voice on the 2022 track “Dos Mil 16”. The decision came on July 8 and revives both right of publicity and copyright claims. Claims tied to an earlier 2015 song were dismissed due to the statute of limitations.
The court upheld lower rulings that found the vocal sample could qualify as commercial advertising because it sparked online discussion about the couple’s past relationship and helped promote the album Un Verano Sin Ti.
De La Cruz Hernández recorded the phrase “Bad Bunny baby” in 2015 while dating the singer. She filed suit in 2023, alleging lack of consent and compensation for its placement on two tracks.
Justice Mildred G. Pabón Charneco wrote for the majority that the facts were sufficient to show commercial exploitation of her voice. A dissenting justice argued both claims should be dismissed.
The case will now move forward on the 2022 song only. Representatives for both sides have not commented on the ruling.