Bad Bunny sings below a giant screen showing his performance, with musicians behind him in blue stage lighting

Legal

Do I own my producer tag?

Paying for a producer tag does not automatically transfer copyright. Learn how usage permissions, recording rights and voice rights differ, with examples from U.S. and Puerto Rico cases.

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Paying for a producer tag does not automatically mean you own its copyright. Check whether your agreement gives you permission to use the recording, transfers rights to you, or both. Under U.S. law, copyright ownership is distinct from owning a copy, and a transfer generally needs the rights holder’s signed writing.[1]

The offer, according to Carliz De La Cruz Hernández’s complaint, was $2,000. Representatives of Bad Bunny wanted permission to use a recording of her voice, including uses that had already happened and uses still to come. She said she wanted to hear the new song and examine the contract. Then, she alleged, Un Verano Sin Ti came out before she had agreed. On “Dos Mil 16,” listeners could hear “Bad Bunny, baby.” (play: The voice tag at the opening of Bad Bunny’s “Dos Mil 16”)[2]

A tag can announce one person’s name in another person’s voice. That leaves several possible claims packed into a few seconds: copyright in a recording, trademark rights in a sound that identifies a source, and rights concerning the person whose voice is heard. The cases involving Bad Bunny and Turbo reached different courts under different laws.[2][3]

The voice behind “Bad Bunny, baby”

De La Cruz Hernández, Bad Bunny’s former girlfriend, filed her complaint in March 2023. She said she had recorded the phrase at his request in 2015. Her claims concerned its later use in “Pa Ti” and “Dos Mil 16,” including alleged failures to obtain consent and give attribution. The defendants argued, among other things, that the short phrase and recording lacked the originality required for protection under Puerto Rico’s moral-rights law.[2]

On July 8, 2026, Puerto Rico’s Supreme Court held that she had alleged a plausible original, creative vocal interpretation. Her moral-rights claim could proceed, along with a constitutional privacy claim concerning control of her own image, which the opinion applied to her voice. The court also allowed a statutory claim concerning unauthorized commercial use of her identity to continue. Moral rights here concern attribution and integrity under Puerto Rico law; this was not a ruling that she owned the three words under U.S. federal copyright law.[2]

The decision was partly in her favor, with important limits. Claims concerning “Pa Ti” were time-barred. Dismissals concerning concerts and manager Noah Assad Byrne remained in place. The court sent the surviving claims back for further proceedings. It did not award damages or find Bad Bunny liable: the question at this stage was whether the pleaded claims could survive dismissal.[2]

“Run that back Turbo” reaches court

First page of the March 7, 2025 opinion in Jamal Britt v. Chandler Durham, showing the case caption and dismissal
The March 7, 2025 federal order in Britt v. Durham. The court dismissed the federal claims and left the state-law claims for another forum.Document: U.S. District Court, Northern District of Georgia/GovInfo, public domain

The voice saying “Run that back Turbo” (play: Turbo’s tag before the verse in Lil Baby and Gunna’s “Drip Too Hard”) became the subject of a federal case in Georgia. Jamal Britt alleged that he and producer Chandler Durham, known as Turbo, created “Afghanistan” in 2017. Britt supplied vocals, including the tag; Durham produced and engineered the recording. The song had a joint copyright registration. Britt alleged that the tag was then reused in 82 later songs without his consent or payment, including “Drip Too Hard.” These are the allegations recounted in the court’s order, not findings after a trial.[3]

Britt’s theory that he became a joint author of those later songs failed because he had not plausibly alleged the required shared intent to coauthor them. The court also explained that a co-owner can grant a nonexclusive license to a jointly owned work without the other co-owner’s permission. The alleged licensing arrangements did not support the infringement claims as pleaded. That analysis concerned this joint work and these allegations; a vocalist does not automatically become a co-owner of every song that uses a tag.[3]

On March 7, 2025, U.S. District Judge Michael L. Brown dismissed the federal claims. The claim under the Lanham Act, the federal trademark statute, was dismissed with prejudice, and the other federal claims without prejudice. He declined jurisdiction over the remaining state claims, including Georgia publicity rights. Footnote five expressly left the tag’s independent copyrightability undecided. The order therefore offers no universal answer to whether a short tag recording qualifies for copyright, or whether a voice-rights claim could succeed elsewhere.[3]

Under U.S. federal rules, names, slogans and other short phrases are excluded from copyright. A recording is a separate work, however, and the Copyright Office looks for enough creative authorship in its performance or production. Its manual considers length alongside the sounds and the creativity expressed in making them. A short recording can fail that test. Calling the file a producer tag, or paying for it, supplies no automatic answer.[4][5]

Section 114(b) limits sound-recording copyright to the actual recorded sounds. It does not extend that right to an entirely independent recording, even one that imitates them. But that limit answers only the recording-copyright question. A borrowed identity or misleading brand signal can raise other claims. And Turbo’s case shows why registering a whole song should not be reported as a court ruling on the copyrightability of its isolated tag.[6][7][3]

Short sound recordings may lack a sufficient amount of authorship to be copyrightable

U.S. Copyright Office, Compendium, section 803.5(B)[5]

Pitbull’s shout takes the trademark route

Pitbull, on the left in a white cap and dark shirt, poses for a phone photograph with another man
Pitbull, left, in a photograph published in 2023. His team’s account describes two U.S. registrations issued for his signature yell in 2019.Photo: Zach Catanzareti Photo/Wikimedia Commons, CC BY 2.0

Pitbull’s falsetto yell (play: Pitbull’s signature yell in the official audio of “Timber”) went through a different process. In a 2020 journal essay co-written with his lawyers, he described the protection of his grito as a sound trademark. The essay records two registrations issued on Oct. 8, 2019: No. 5,877,076 for live musical performances and No. 5,877,077 for musical sound and video recordings. The team submitted evidence that listeners recognized the shout as identifying Pitbull.[8]

Trademark law asks whether a sign identifies and distinguishes a source of goods or services. A sound can do that job. Copyright’s exclusion of short phrases does not itself prevent a phrase or sound from functioning as a mark. Pitbull’s registrations are a concrete example of the distinction, though they do not give every producer a claim to every similar shout or mention of a name.[9][10][8]

There are limits to reaching for trademark law when the complaint is really about credit. Britt’s Lanham Act theory accused the defendants of passing his contribution off as their own. Applying the Supreme Court’s Dastar decision, the judge rejected that attempt to treat creative authorship as the origin of goods under the claim presented. Pitbull’s registration story and Britt’s failed credit claim concern different uses of the same body of law. Neither is a substitute for a clear agreement with the person who recorded a tag.[3]

A TV catchphrase is also someone’s recording

Pi’erre Bourne’s “Yo Pi’erre, you wanna come out here?” (play: The Jamie Foxx Show-derived tag opening Playboi Carti’s “Magnolia”) offers a familiar example of a borrowed screen moment becoming a producer’s signature. The FADER’s 2018 profile identifies The Jamie Foxx Show as its source. Bourne told the magazine that the tag changed his life. In a 2021 Complex appearance, he discussed seeing the show and wanting to meet Jamie Foxx. Neither interview establishes the terms of any clearance, and this feature makes no claim about whether that particular use was licensed.[11][12]

For someone considering a movie or TV quote, the original performance is part of the rights question. U.S. law includes a film’s accompanying sounds within its audiovisual work and excludes those sounds from the separate definition of a sound recording. An answer limited to music-master rights can therefore miss the work being copied. Fair use requires weighing the statutory factors in the circumstances; section 107 sets no blanket allowance for a clip under a particular number of seconds.[13][14]

Pi’erre Bourne holds a microphone in front of a bright stage screen while audience members film on phones
Pi’erre Bourne performing in Boston in August 2026, according to the photographer. His tag draws on The Jamie Foxx Show.Photo: Osaym Omar/Wikimedia Commons, CC BY-SA 4.0

AI voices and rights

A voice is as distinctive and personal as a face.

U.S. Court of Appeals for the Ninth Circuit, Midler v. Ford, 1988[7]

Permission to sell an AI-generated tag and copyright in that tag are separate matters. In its January 2025 report announcement, the U.S. Copyright Office said that prompts alone do not provide the human authorship needed for protection. Human expression preserved in an output, or sufficiently creative human arrangements or modifications, can qualify. Using AI in a larger human work does not disqualify the whole work. None of that promises a copyright in every generated voice line or in every file with added effects.[15]

The tool’s agreement answers a different question. ElevenLabs’ non-EEA terms, checked Oct. 16, 2026, permit commercial use for paid subscribers and restrict free users to noncommercial purposes, subject to its other terms. Its use policy separately restricts cloning or synthesizing a living person’s voice without informed consent or other valid authorization. Read the plan and regional terms that govern your own generation. A provider’s commercial-use permission cannot settle someone else’s claim to their identity.[16][17]

After Bette Midler declined to sing in a Ford advertisement, an agency hired a singer to imitate her. Although the song was licensed, the Ninth Circuit held in 1988 that deliberate commercial imitation of a distinctive, widely known professional singer’s voice could support a California common-law claim. It reversed summary judgment and sent the case back for trial. Midler v. Ford concerned advertising, long before AI voice cloning. Its relevance here is the separate identity issue that can survive when recording copyright does not answer the complaint.[7]

What to settle before the next release

For a producer commissioning a new voice, the useful paperwork starts with what the agreement actually permits. Does it cover reuse across future beats and releases? Can customers distribute music containing it? Is the recording exclusive, and does the agreement address the performer’s voice and attribution? Those are different promises. Under U.S. copyright law, an ownership transfer generally requires a signed writing; a license to use a file is not automatically a transfer of the copyright.[13][18]

If you want to use someone else’s existing tag, establish who can authorize the recording and what permission covers. A recognizable brand signal or someone’s identifiable voice may call for a separate inquiry. The Turbo order distinguishes joint ownership and licensing from credit, while leaving state publicity rights unresolved. For a screen sample, identify the work the audio came from. For a generated imitation, establish whose voice is being used and what authorization covers it.[3][7][13][14]

The proposed contract described in De La Cruz Hernández’s case reached backward to earlier releases and forward to future uses. By the time the dispute reached Puerto Rico’s Supreme Court in July 2026, the recording alleged in the complaint was more than a decade old. The court returned the surviving claims to the trial court, where the disagreement over using her voice could continue.[2]

Related Topics

References

  1. ^ "Copyright ownership and transfer, 17 U.S.C. §§ 201–204" . U.S. Copyright Office. Retrieved .
  2. a b c d e f "De La Cruz Hernández v. Rimas Entertainment, LLC, 2026 TSPR 74, July 8, 2026: majority opinion and judgment" . Supreme Court of Puerto Rico · full opinion reproduced by LexJuris. Retrieved .
  3. a b c d e f g "Britt v. Durham, No. 1:24-cv-118-MLB, Document 72, March 7, 2025, 33-page opinion and order" . U.S. District Court, Northern District of Georgia · GovInfo. Retrieved .
  4. ^ "37 C.F.R. § 202.1: material not subject to copyright" . Cornell Law School, Legal Information Institute. Retrieved .
  5. a b "Compendium, chapter 800, sections 803.5 and 803.6: authorship in sound recordings" . U.S. Copyright Office. Retrieved .
  6. ^ "17 U.S.C. § 114(b): scope of sound-recording rights" . Cornell Law School, Legal Information Institute. Retrieved .
  7. a b c d "Midler v. Ford Motor Co., 849 F.2d 460, June 22, 1988" . U.S. Court of Appeals for the Ninth Circuit · Justia. Retrieved .
  8. a b "EEEEEEEYOOOOOO!: Reflections on Protecting Pitbull’s Famous Grito, 2020" . Justin F. McNaughton, Ryan Kairalla, Leslie José Zigel and Armando Christian Perez · NYU JIPEL. Retrieved .
  9. ^ "15 U.S.C. § 1127: definitions of trademark and service mark" . Cornell Law School, Legal Information Institute. Retrieved .
  10. ^ "Trademark sound mark examples" . U.S. Patent and Trademark Office. Retrieved .
  11. ^ "The life of Pi’erre Bourne, by Nazuk Kochhar, Dec. 4, 2018" . The FADER · original interview. Retrieved .
  12. ^ "Pi’erre Bourne crowns the best producer tag, May 26, 2021; discussion at 8:42–9:45" . Complex Brackets · original YouTube upload. Retrieved .
  13. a b c "17 U.S.C. § 101: audiovisual works, sound recordings and transfers" . Cornell Law School, Legal Information Institute. Retrieved .
  14. a b "17 U.S.C. § 107: the fair-use factors" . Cornell Law School, Legal Information Institute. Retrieved .
  15. ^ "Terms of Service (non-EEA), sections 1(c) and 4, checked Oct. 16, 2026" . ElevenLabs. Retrieved .
  16. ^ "Prohibited Use Policy, section 3, checked Oct. 16, 2026" . ElevenLabs. Retrieved .
  17. ^ "17 U.S.C. § 204(a): writing required for transfers" . Cornell Law School, Legal Information Institute. Retrieved .
  18. "Cover: Bad Bunny performing during his Puerto Rico residency, 2025; CC0, cropped" . Comecoquito · Wikimedia Commons. Retrieved .