Fan sued by Bad Bunny for YouTube copyright infringement
Bad Bunny sued a Utah concertgoer who refused to remove YouTube videos of “substantial portions” of his recent show.
After responding, the YouTuber who released the videos started the uncommon legal argument about copyright infringement, fair use of an artist's work, and the promotional value of fan videos online.
A complaint filed in California federal court last week claims that Eric Guillermo Madroñal Garrone, founder and owner of MADforliveMUSIC, was asked to remove 10 videos of Bad Bunny's full songs from his concert at the Delta Center in Salt Lake City on Feb. 21.
According to the lawsuit, Bad Bunny requested a YouTube takedown because the videos contained “unauthorized bootleg” footage that violated his copyrights.
Madroñal Garrone submitted a formal counternotice defending his right to post the videos, citing his right to free expression and arguing that the footage was a “newsworthy event of high public interest,” as evidenced by Bad Bunny’s attorneys.
In Salt Lake City, Bad Bunny began his North American “Most Wanted Tour”.
After Madroñal Garrone's response, YouTube informed Bad Bunny that he must provide legal evidence to proceed with the takedown request, as specified in the complaint by his attorneys.
The MADforliveMUSIC YouTube channel was down Thursday. It is uncertain if Madroñal Garrone monetized his channel material.
TikTok and Instagram accounts linked to MADforliveMUSIC's YouTube channel are active as of Thursday.
Copyright disputes on social media and other internet platforms are common, but rarely this severe.
Fan footage from concerts broadcast online and on social media are thought to promote an artist's performance. When full songs or shows are posted online, especially if the accounts monetise their material, significant copyright infringement increases.
Bad Bunny is suing for up to $150,000 each song posted on Madroñal Garrone's YouTube channel.