De La Cruz Hernández v. Rimas Entertainment, LLC Y Otros

Summary

The court held that the complaint plausibly alleged a moral-rights claim based on the recorded interpretation of the phrase, even though the short phrase itself lacked sufficient creativity for protection. It also held that unauthorized use of the plaintiff’s voice plausibly supported constitutional and statutory image claims, while claims concerning the 2016 song were time-barred under the single-publication rule and claims against one defendant failed for insufficient allegations of personal or vicarious responsibility. The judgment was affirmed in part, reversed in part, and remanded for further proceedings.