Canadian rap artist Drake has had his lawsuit against the record label Universal Music Group, relating to the publishing and promotion of Kendrick Lamar’s song “Not Like Us”, dismissed by US federal judge.
The claim for defamation followed the success of the ‘diss track’ by Kendrick Lamar which came about from what the judge called a “heated rap battle” between the two artists. The song won multiple Grammys and famously featured as part of Kendrick Lamar’s Super Bowl halftime performance.
Lamar made some offensive accusations about Drake in the song to which the judge stated were protected expressions of opinion, rather than assertation of facts. The judge explained that the average listener would not believe the lyrics of the song to be “fact-checked verifiable content” and therefore Drake could not sue the label for defamation.
The case is interesting as Drake is represented by Republic Records, a division of Universal Media Group and Lamar is represented by Interscope Records which is another division of Universal Music Group, meaning in essence Drake was attempting to sue his own label. A spokesperson from Universal Music Group called Drake’s lawsuit an “affront to all artists and their creative expression”. Despite this they have expressed their intention to continuing to work with Drake by promoting his music and investing in his career.
Drake’s team have already announced that they intent to appeal the decision to dismiss the case. It will be interesting to find out if a different judgment is reached should the appeal progress.
If you have any questions on the above, or if you need any advice or support in respect of your own Intellectual Property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
