The suit centered on UMG's release and promotion of the Grammy-winning hit
New York-based US District Court judge Jeannette A. Vargas has thrown out a defamation suit filed by rapper Drake against music label Universal Music Group over the release and promotion of his rival Kendrick Lamar’s Grammy-winning track “Not Like Us,” reported the Associated Press.
The song, which was the last in a series of diss tracks exchanged between Drake and Lamar last year, had lyrics that implied Drake was a pedophile, notably in the line “I hear you like ’em young.” Drake said in the suit that the song’s lyrics made false and defamatory accusations about him, sullying his reputation and lowering his brand’s value.
Vargas ruled that listeners typically do not consider diss tracks to be “the product of a thoughtful or disinterested investigation, conveying to the public factchecked verifiable content,” per a snippet of her written opinion that was published by AP News. She determined that Lamar’s song was “replete with profanity, trash-talking, threats of violence, and figurative and hyperbolic language, all of which are indicia of opinion.”
In January, Drake accused UMG, the parent record label for both hip-hop artists, of purposefully releasing and marketing Lamar’s track although it knew that “Not Like Us” contained defamatory statements.
While Vargas conceded that Lamar’s suggestion in the song of Drake being a pedophile was “serious,” she noted the context in which the lyrics were penned and said that listeners would not have assumed that the accusations were based in objective fact.
“Although the accusation that plaintiff is a pedophile is certainly a serious one, the broader context of a heated rap battle, with incendiary language and offensive accusations hurled by both participants, would not incline the reasonable listener to believe that ‘Not Like Us’ imparts verifiable facts about plaintiff,” the judge wrote in her opinion, a snippet of which was published by AP News.
Drake also alleged that “Not Like Us” encouraged vigilante justice; he claimed that people had attempted to break into his home and that a security guard at his Toronto residence was shot as a result of the song. An aerial shot of Drake’s home overlaid with sex offender markets was shown in the track’s cover art.
Vargas concluded in a statement published by AP News that the cover art design was “obviously exaggerated and doctored.”
“No reasonable person would view the Image and believe that in fact law enforcement had designated thirteen residents in Drake’s home as sex offenders,” she wrote in a snippet of her opinion published by AP News.
UMG, which shot down Drake’s claims in the suit, expressed its satisfaction with Vargas’ decision.
“From the outset, this suit was an affront to all artists and their creative expression and never should have seen the light of day,” the record label said in a statement published by AP News. “We’re pleased with the court’s dismissal and look forward to continuing our work successfully promoting Drake’s music and investing in his career.”
Drake’s lawyers said in a statement published by AP News that they would appeal the judgment.
Lamar was not named as a defendant in Drake’s suit. When the artist performed “Not Like Us” at the Super Bowl halftime show in February, he removed the reference to pedophilia.
