One of the most aggressive battles in hip-hop music history has just ed its one-year anniversary, and while the war for public opinion has been settled, the legal war rages on. In January, Kendrick Lamar, in their war of words, most notably on the record "Not Like Us", in which Lamar repeatedly makes accusations about Drake's alleged sexual proclivities with minors.
Recently, an amicus brief was filed on behalf of UMG by four scholars. They warned that, should the court side with Drake's assertions that Lamar's battle rap lyrics be taken as fact and therefore defamatory, it could potentially have massive consequences by limiting free speech protections for artists (All Hip Hop).
As lyrics and musical content have been the subject of public discourse regarding free speech for the better part of four decades, Drake's lawsuit could open the door for additional targeted litigation by artists or the public who assert that their lyrics are factually accurate and damaging. This would have a massive ripple effect on not just rap, but also music in general. Here are the ways in which that could happen through this very lawsuit.
Quick Links
Graham V. UMG Recordings, Inc: A Quick Primer
The Fallout Of Drake's Loss Was Not Taken Lightly
Rap battles have fostered some of the most devastating personal attacks on participants, some of which were heavily exaggerated or completely fabricated during the course of the war, and artists like Nas, Ice Cube, and Eminem have all levied serious, and sometimes exaggerated, claims against their opponents. In the aftermath of "Not Like Us", Drake found himself on the losing end of both the battle and with his place in the social stratosphere, his evaporating in the wake of his failures against Kendrick Lamar's relentless assault against him.
UMG Recordings has denied all of Drake's claims in the lawsuit, calling them "frivolous" and "misguided" (The New York Times).
In January, Drake filed his lawsuit against UMG Recordings, claiming, among other things, that UMG conspired to promote "Not Like Us" to hurt and defame him, both as an artist and as an individual. The case rests on whether Drake was defamed by UMG and Lamar, and whether UMG actively participated in the promotion and "artificial inflation" of the streaming numbers.
Most importantly, the case will likely wrangle with the question of free artistic expression and free speech from artists, not just during a major rap battle, but through music as a whole. This decision could thus impact the way artists tell stories and create art.
Censorship In Music And Lyrics In Lawsuits: Why This Matters
John Denver And Frank Zappa Warned Of Impending Artistic Constraints
Artistic expression and lyrical content have been part of the discourse since the beginning of recorded music, and since the 1980s, some circles have advocated and pushed for the containment and censorship of music lyrics. This was particularly the case in rap and rock music that had imagery and lyrical content that was deemed inappropriate or overtly sexual.
Artists like Dee Snider, Frank Zappa and John Denver famously gave congressional testimony in 1985 opposing the PMRC's music labeling system, referring to it as a form of censorship on artistic expression. The RIAA, however, ultimately agreed to create the "Parental Advisory" labels on albums that had suggestive content, branding all albums with inferred or expressed content with its now notorious black and white label on the album cover.
2 Months After A Historical Grammys Run, Kendrick Lamar Is Still Dominating This Year's Music Awards
Rapper Kendrick Lamar continues to prove his contemporaries are not like him with the continued awards success of "Not Like Us" and his album GNX.
It wasn't the first time that the legal system tried to circumvent artistic expression or weaponize lyrical content against artists. 2 Live Crew had their lyrics from their album As Nasty As They Wanna Be entered into evidence in their 1990 case in Florida, while other lyrics have attempted to be used against artists like Snoop Dogg and Shyne in their legal battles, both of which were unsuccessful motions by the prosecution.
Currently, no existing legal framework exists for the legal system to utilize artistic expression against artists, criminally or civilly. Should Drake successfully win his case against UMG, however, this legal method will exist and could create chaos for artists, past, present, and future, to determine what, if anything, is safe to say on a record, and how much it could be used to their detriment.
What Happens If Drake Is Successful In His Pursuit?
A Win For Drake Could Have Massive Unintended Consequences For Artists
While the censorship fears expressed by John Denver and Frank Zappa during the 1985 testimony have, at least as of now, yet to be seen in a full-scale approach, Drake's lawsuit could set the legal parameters and framework to both complete the PMRC's objective to limit perceived "suggestive content" and lyrical content and the ability for others to bring legal cases against those who they believe have defamed them should he be successful.
Instead of the prosecution attempting to convince the court to allow the lyrics or content, the case could be entirely predicated on a single lyric or stanza that either the state or an aggrieved party claims is damaging or defamatory. Graham v. UMG is still pending its full trial date, and UMG has filed a dismissal motion, saying in the motion that "diss tracks are a popular and celebrated artform centered around outrageous insults, and they would be severely chilled if Drake’s suit were permitted to proceed” (CNBC).
The case could be entirely predicated on a single lyric or stanza that either the state or an aggrieved party claims is damaging or defamatory.
In April, Drake scored his first legal victory in the case, with the judge ruling he could have access to items including Lamar's record deal and the payment strategies of the record executives. This is in addition to the communication related to the promotion and distribution of "Not Like Us", adding additional layers of discovery to the case that could potentially take years to resolve.
The verbal war, momentarily, between Kendrick Lamar and Drake has been quiet on the battlefield with new material since the release of Lamar's celebrated GNX, but its lasting impact could reverberate through music and art. This would give way to a new landscape of artistic expression, one that could be curtailed by fear of litigation and curbed by legal censorship.
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- Date of Birth
- October 24, 1986
- Active
- Yes
- Number of Album(s)
- 8
Aubrey Drake Graham, born in Toronto, Canada, on October 24, 1986, initially gained recognition portraying Jimmy Brooks on the teen drama series Degrassi: The Next Generation. Transitioning to music, he released his debut studio album, Thank Me Later, in 2010, which debuted at number one on the US Billboard 200. Known for blending rap with R&B, Drake has produced numerous chart-topping hits, including "God's Plan," "Take Care," "One Dance," and "Hotline Bling." His introspective lyrics and versatile style have solidified his status as a leading figure in contemporary hip-hop.
