Drake vs Universal: From Booth to Courtroom

What started as a threat a month or so ago has now become an actual case. In Drake vs Universal (UMG)I guess this is what happens now when the two biggest names in rap clash.  While I am not here to pass judgment on either side, there was a time, in which I grew up, not long ago, when rap beefs never entered the courtroom.  

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. 

Below are the legal issues being brought to the table in the Drake vs Universal lawsuit:

Defamation (Libel):

– The Drake vs Universal lawsuit 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.

– In this Drake vs Universal suit, 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.

Updated June 2025

In a surprising escalation, the Drake vs Universal lawsuit expanded to include specific allegations related to the 2025 Super Bowl. According to reporting by The Athletic via The New York Times, Drake claims that UMG deliberately timed the release and amplification of Kendrick Lamar’s “Not Like Us” to coincide with one of the most-watched events of the year, ensuring maximum reputational harm. The filing argues this was a calculated move that transformed what could have remained a lyrical feud into a coordinated defamation campaign broadcast to millions. This bolsters his claims of negligence, defamation, and tortious interference, now paired with accusations of strategic media orchestration.

The amended complaint also seeks punitive damages, citing UMG’s “reckless disregard” for Drake’s brand equity and personal safety. As this case moves forward, it may set precedent not just in music industry contracts but in how media timing and distribution play into defamation and artist relations. The courtroom, not the recording booth, may become the next major venue for hip hop rivalries.

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.

Want to understand the legal fallout from Drake vs Universal and how it affects artists in the AI era?

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