Drake Defamation Case 'Likely to Fail' Against Universal: Expert

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Drake might not be successful in his ongoing legal battle with Universal Music Group (UMG) after suing the company for defamation, according to experts.

The rapper, whose given name is Aubrey Drake Graham, had previously filed legal proceedings against UMG accusing it of conspiring to inflate the success of Kendrick Lamar's "Not Like Us" over his songs. UMG has denied any wrongdoing.

Newsweek contacted Drake's representatives by email on Thursday morning.

Why It Matters

Drake and Lamar have been embroiled in a long-running feud that escalated last year when the pair released a series of 'diss tracks' targeting each other.

But Drake was unhappy with "Not Like Us" because, in the song, Lamar accuses him of being a "certified pedophile" and cultural appropriation. The song went viral, topping global music charts and being nominated for six Grammys.

Drake is now taking UMG to court, saying they allowed Lamar to smear his character in the song. Both rappers' music is distributed by UMG.

DRAKE IN CONCERT
Drake performs onstage during "Lil Baby & Friends Birthday Celebration Concert" on December 9, 2022 in Atlanta, Georgia. The rapper is suing UMG for defamation. Prince Williams/Wireimage

What We Know

Defamation and entertainment lawyers have told Newsweek that Drake is unlikely to succeed with the lawsuit's central claim.

The defamation suit does not name Lamar, but rather references Drake's previous legal action against UMG where he claimed the record company used bots and payola to inflate the success of "Not Like Us." Drake withdrew that legal action on Tuesday and then filed the defamation suit.

What People Are Saying

"Drake and his team acted smartly by leaving off Kendrick Lamar as a defendant because many of the legal theories are based on how Universal marketed and allegedly used underhanded methods to juice Lamar's song and make it more successful, which has nothing to do with Lamar as an artist," said defamation and media law attorney Tre Lovell.

The attorney added that Lamar was likely not named in the lawsuit because it could be "embarrassing for Drake to sue Lamar over a lyric war in which both have intentionally and voluntarily participated."

"By making this largely about negotiations leverage, deceptive practices and payola, Drake saves face by going after the label and not Lamar, while also being able to assert his defamation claims," Lovell added.

Lovell thinks "Drake will likely fail with the central claim of defamation" because "music content and creativity are given broad free speech protections." Drake's case may be further weakened given he also accused Lamar of domestic violence, and as a result.

Entertainment and defamation law attorney Camron Dowlatshahi said Drake might have trouble finding distribution for upcoming music projects because of his legal battle with UMG.

"Drake is taking a gamble by filing this lawsuit because many hip-hop fans react negatively when an artist turns to the court system to handle a dispute," Dowlatshahi told Newsweek. "This lawsuit by Drake is a much less meritorious legal case—likely used as leverage in contract negotiations and as a PR move more than intended for a drawn-out legal battle through trial."

A UMG spokesperson told Newsweek in a statement on Wednesday that Drake's claims are "untrue" and the notion that the label would seek to harm any artist's reputation is "illogical."

"We have invested massively in his [Drake's] music and our employees around the world have worked tirelessly for many years to help him achieve historic commercial and personal financial success," the spokesperson said.

What's Next

Drake is headlining his seventh live music tour, beginning on February 4 in Perth, Australia.

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