Bad Bunny is facing a lawsuit over allegations that a track from his chart-topping Un Verano Sin Ti featured an unlicensed sample from a Nigerian artist – and that the superstar’s reps later “stonewalled” efforts to resolve the problem.
In a copyright case filed May 2 in Los Angeles federal court, attorneys for the artist Dera (Ezeani Chidera Godfrey) claim that Bad Bunny’s “Enséñame a Bailar” illegally sampled from a 2019 track called “Empty My Pocket.”
Dera’s lawyers say they’ve raised the issue with reps for Bad Bunny and others behind the song, but that they’ve “turned a blind eye” and left him with “no choice but to file this lawsuit.”
“It is not very often that a musical artist of Bad Bunny’s caliber and sophistication uses someone else’s music without permission, and then ignores the person’s efforts to resolve the problem,” writes Dera’s attorney Robert A. Jacobs, a litigator at the top music law firm Manatt Phelps & Phillips. “Such a response is especially surprising when the unauthorized use pervades the entirety of the musical artist’s work. Unfortunately, these are the circumstances here.”
The lawsuit also names as defendants The Orchard, which distributed the album, and Bad Bunny’s Rimas Entertainment, among others. Representatives for both Bad Bunny and The Orchard did not immediately return requests for comment.
Released in 2022, Un Verano Sin Ti was a mega-hit – spending 13 weeks atop the Billboard 200 and more than 150 weeks total on the album chart. “Enséñame a Bailar” was a hit in its own right, charting on the Hot 100 for two weeks and earning 72 million views on YouTube.
In his lawsuit, Dera says Bad Bunny’s song was essentially built on top of his “Empty My Pocket” – that the usage is so “extensive” that the sampling itself is “beyond question.”
“Plaintiffs’ works comprise virtually the entirety of the musical bed and a portion of the lyrics in the infringing recording and infringing composition, and, as such, account for a significant portion of the appeal of the infringing works,” his lawyers write.
They claim access to Dera’s song was provided producer Lakizo (Lekan Adesina), but that he had no authority to clear the use of the sample: “Lakizo … is not an author of ‘Empty My Pocket’ … and does not have – and never had – the right to prepare or authorize others to prepare derivative works.”
According to the lawsuit, when Dera discovered the unauthorized sample he tried to negotiate a good-faith resolution with Bad Bunny’s team, saying he wanted to “address past unauthorized uses” but also “allow future uses.” He says he also “unconditionally complied” with requests to substantiate his claim, including sharing documents showing that Lakizo had not been authorized to clear the sample.
“Despite plaintiffs’ cooperation, these defendants stonewalled plaintiffs after receiving the requested information, making clear that plaintiffs’ only option for obtaining redress for the violation of their rights would be through the courts,” Dera’s lawyers write.
