What started as a threat a month or so ago has now become an actual case. I guess this is what happens now when the two biggest names in rap clash. While I am not here to pass judgement on either side, there was a time, in which I grew up, not long ago when rap beefs never entered the courtroom (admittedly they still too frequently end in the streets with violence).
Leaving the hip hop cultural taboo of bringing this clash to the courts rather than the booth aside, I thought it would be interesting to look at the legal issues involved here. Many of these issues I’ve litigated or been involved in during my career and I am looking forward to seeing how they play out.
Without opinion nor bias, below are the legal issues Drake is bringing to the table in his lawsuit against Universal Music Group (UMG):
Defamation (Libel):
– Drake alleges that UMG knowingly published and promoted the song “Not Like Us” which accuses him of being a pedophile.
– Drake must prove that false statements were made and they cause reputational harm and were made with negligence or malice.
– UMG can claim as a defense that the lyrics were artistic expression and protected under the 1st Amendment.
Negligence & Duty of Care:
– Drake can argue that UMG owed him the duty of care as an artist on their label
– If UMG published the song and knew the lyrics were harmful, negligence could be considered..
– UMG may posit the question of whether they owed Drake a duty to prevent reputational damage caused by another artist signed to them.
Breach of Fiduciary Duty:
– Labels owe artists a duty of good faith and fair dealing.
– Drake will try to show that UMG prioritized Kendrick’s success at his expense and breached this duty.
Misrepresentation & Fraud:
– Drake could argue fraudulent representation if UMG assured him of label support but promoted damaging content.
– Drake must prove intentional deception and financial or reputational harm.
Contractual Violations:
– Depending on the contract between Drake and UMG, there may be violations constituting breach.
Tortious Interference:
– Drake could look to argue UMG interfered with his career and led to some lost business opportunities.
– Drake must prove UMG’s actions intentionally harmed him professionally and earnings wise.
First Amendment Defense by UMG:
– UMG will argue “Not Like Us” is artistic expression and thus protected speech under the 1st amendment.
– In most cases courts are likely to lean on the side of protecting lyrics as free speech unless proven to be statements made intended to cause harm.
This isn’t the first time a recording artist has sued their label, it is the first time to my knowledge that a hip hop artist is suing his/her label over a diss-track by a label mate. If successful this landmark case could have a chilling effect on rap beefs going forward and would alter the competitive sport of rap battles in the future.
Disclaimer
THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY MATTER.
The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Zamani Thomas PA via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. You should not send us any confidential information in response to this web-page. Such responses will not create a lawyer-client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed a written engagement agreement with Zamani Thomas PA. The material on this website may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.