New allegations added to Drake’s amended defamation lawsuit against Universal Music are “astonishing”, says Universal Music. Especially the new complaint about Kendrick Lamar performing Drake diss track ‘Not Like Us’ at the Super Bowl because, by Drake’s own admission, the allegedly defamatory lyric from Lamar’s record wasn’t included in that performance.
The fact Drake wants Universal held liable for defamation over the lyric in ‘Not Like Us’ that accuses him of being a pedophile, but is now honing in on a performance of the song where the offending lyric didn’t even feature, “betrays this case for what it is”, Universal adds in a new legal filing.
It’s simply an “attack on the commercial and creative success of the rap artist” that defeated Drake in a high profile rap battle, rather than being about “the content of Lamar’s lyrics”. Therefore, the “amended complaint is without merit and should be dismissed with prejudice”.
Although this lawsuit stems from a back and forth of diss tracks released by Drake and Lamar - both of whom are signed to Universal - the litigation only targets the music company, not Lamar directly.
However, he is named as a defendant in a different lawsuit over another Drake diss track, ‘Like That’. But that relates to a royalty dispute over a sample of a Rodney O track, which is much more straightforward than trying to hold someone liable for defamation in connection to statements made in some rap lyrics.
Drake sued Universal in January for its role in releasing and promoting ‘Not Like Us’, because it contains lyrics accusing the musician of being a pedophile. Despite having a long and very successful commercial relationship with Drake, the major has been very disparaging about his legal claim.
Throughout it has portrayed Drake as the bitter loser in a rap battle with Lamar, a rap battle he willingly entered into, and from which ‘Not Like Us’ was the standout track. It also argues that statements made in diss tracks are clearly “hyperbolic insults” and “non-actionable opinion”, which can not be the subject of a defamation claim.
The major repeats those key points in its latest legal filing, which responds to an amended lawsuit filed by Drake last month. But it also deals with the new allegations Drake included in his amended litigation, especially those in relation to Lamar performing the song during his Super Bowl half time show.
Drake concedes that the lyric accusing him of being a pedophile was not included in the Super Bowl show, but says that the fact the song was featured in such a high profile performance further boosted the profile of the actual track and therefore “solidified the public’s belief” that Drake is a pedophile.
He also claims that Lamar’s decision to not include the specific line about Drake being a pedophile demonstrated that the various companies involved in delivering the Super Bowl half time show recognised that that lyric was defamatory.
In its new filing, Universal says that - when amending his lawsuit - Drake “removed obviously false factual allegations” - including some of the claims that Universal employed dodgy marketing tactics to promote ‘Not Like Us’ - but then “added multiple allegations about Lamar’s live performance of a version of the song ‘Not Like Us’ at the Super Bowl LIX Halftime Show”.
“As Drake concedes”, Universal says, “Lamar’s Super Bowl performance did not include the lyric that Drake or his associates are ‘certified pedophiles’”.
Therefore, it adds, Drake’s new claim is basically that “the largest audience for a Super Bowl halftime show ever” did not in fact “hear Lamar call Drake or his crew pedophiles”, a ridiculous complaint that “betrays this case for what it is: Drake’s attack on the commercial and creative success of the rap artist who defeated him, rather than the content of Lamar’s lyrics”.
“Drake contends that the decision not to include the word ‘pedophile’ in Lamar’s Super Bowl performance could only reflect that the language is defamatory”, Universal goes on, but, “this ignores any number of other explanations for the decision - such as threats by Drake of additional meritless litigation”.
We await to see how the judge responds to Universal’s motion to have Drake’s lawsuit dismissed.
The major isn’t involved in the other lawsuit connected to another Drake-targeting diss track from Lamar. Because that relates to ‘Like That’, which was a Future track released by Sony Music on which Lamar guested. But Lamar and Future, as well as producer Metro Boomin, are all named as co-defendants alongside Sony’s Epic Records.
The track samples Rodney O’s 1986 track ‘Everlasting Bass’ and, although the sample was seemingly licensed, there is a dispute over royalties that Rodney O claims he is due. He also told TMZ that he was unaware that the final version of ‘Like That’ would include the Drake-dissing verse from Lamar and that he should have been consulted about that first.
In terms of the royalties dispute, that could actually be related to separate claims by the Barry White estate that ‘Everlasting Bass’ had an uncleared sample of one of his tracks, which then carried through to Future’s record. But Rodney O argues that that shouldn’t affect his royalties, not least because the Barry White sample from ‘Everlasting Bass’ only appears in the Kanye remix of ‘Like That’.
Which is all rather complicated, but also - in the context of hip hop litigation - much more run of the mill than Drake wanting Universal to be held liable for defamation over Lamar’s lyrics.