Bad Bunny’s Lawsuit: Why Sue a Fan for Sharing Tour Videos on YouTube?

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Bad Bunny is currently on tour in the US with his ‘The Most Wanted Tour,’ which aims to visit 33 cities and host 47 concerts until May 26, concluding at the Kaseya Center in Miami. The tour kicked off with controversy when the Puerto Rican artist made an entrance to the Delta Center stadium in Salt Lake City, Utah, riding a horse. This quickly sparked discussions among social media users. 

Living in a digital era, several attendees have captured parts of the concert or specific songs on video. Consequently, those who couldn’t attend the shows were still able to witness the horse’s entrance and the moment when Bad Bunny presented his collab with Feid, «Perro Negro,» turning the venue green, in homage to Ferxxo’s characteristic color. 

@mhernandez4562 Perro Negro – Bad Bunny x Feid I kinda stopped recording when he started actually singing 😅 #tmobilearena #badbunny #badbunnypr #nadiesabeloquevaapasarmañana #concert #badbunnyconcert #feid #ferxxo #perronegro #live #lasvegas ♬ original sound – mhernandez4562

However, it has recently come to light that Bad Bunny’s legal team has filed a lawsuit against a fan who posted and uploaded videos of one of the Puerto Rican artist’s concerts on the video-sharing platform, YouTube. This legal action followed a request to the user to remove the videos, which featured ten of Bad Bunny’s songs from his performance in Salt Lake City last February, citing ‘copyright infringement’ and the alleged ‘attraction’ of viewers to their page.

Despite this request, the user did not remove the videos and insisted that YouTube keep them online. According to Billboard, the user responded with a formal counterclaim defending their right to publish the content. This move would legally compel YouTube to repost the videos unless Bad Bunny took the matter to court to prevent their re-upload.

Can Artists Ask to Take Down Videos of Their Performances? 

Under the Digital Millennium Copyright Act (DMCA), artists like Bad Bunny have the right to request the removal of content that infringes on their copyright from online platforms like YouTube. This often happens when the content includes extensive portions of their performances or entire songs. While such requests may lead to the removal of specific videos, it usually doesn’t result in more serious legal actions, like lawsuits.

Why Is Bad Bunny’s Team Taking Legal Action?

Despite the DMCA allowing internet users to challenge removal requests if they believe they’ve used the material fairly, Bad Bunny’s representatives claimed that unauthorized recordings of his songs like «Me porto bonito» and «Yo perreo sola» were being shared without permission.

Why Didn’t the User Remove the Videos?

While we’ve heard Bad Bunny’s side, it’s important to consider the user’s perspective. The user argued back, saying that the removal request “seriously harms my informational and educational activities.” He also mentioned that the event was of public interest and that sharing the content benefits the artist too, as it showcases the reality of the moment without any alterations or post-production.

However, Bad Bunny’s lawyers argued that these videos ‘do not qualify as fair use’ as they utilize Bad Bunny’s name to promote the clips and also violate a federal law specifically addressing piracy, among other factors.