Drake v. UMG Defamation Suit: Can a Diss Track Be Defamatory?

TRANSCRIPT

Rap battles can turn into legal battles. That is something law school does not prepare you for.

UMG Recordings is now filing a motion to dismiss Drake’s lawsuit against the studio. The studio is arguing that the lyrics in Kendrick Lamar’s diss track “Not Like Us” are protected speech under the First Amendment.

UMG frames Drake’s lawsuit as an attempt to save face after being widely declared the loser in his public rap battle with Kendrick Lamar.

The Battle: From Lyrics to Lawsuit

UMG’s motion to dismiss begins by giving the court context. It outlines the nearly decade-long rap feud between Kendrick Lamar and Drake. The motion notes that Drake has had no issue using UMG’s platform to distribute his own diss tracks, including lyrics with slurs and inflammatory accusations about Lamar. Now, however, Drake is claiming that Lamar’s lyrics in “Not Like Us” are defamatory.

In Drake’s response track “Family Matters,” which followed Lamar’s “Euphoria,” he makes numerous claims. These include disses about Lamar’s height, allegations that Lamar cheated on his fiancée, and the assertion that one of Lamar’s children was fathered by a business partner or manager. Drake also accuses Lamar of abusing his fiancée.

In another response, “The Heart Part Six,” Drake doubles down on the allegation that Lamar’s child was fathered by someone else and again brings up domestic abuse.

Drake Accuses, But Also Uses Violent Imagery

Drake’s complaint also accuses Lamar of making threats of physical violence in “Not Like Us.” However, UMG points to the irony, noting that Drake has included similar violent allusions in his own songs.

In “Family Matters,” there are gunshot noises and lines like “You’re dead, you’re dead, you’re dead” and “There’s nowhere to hide.” In “The Heart Part Six,” Drake raps that “I’ll slit your throat with a razor,” and follows with lines about loading bullets and putting someone in “extreme danger.”

UMG also notes that Drake invited this line of attack by including a reference to Lamar’s silence on Drake’s alleged behavior with minors in his own song, “Taylor Made Freestyle.” In that track, an AI-generated version of Tupac’s voice urges Lamar to call out Drake for “liking young girls.”

Are Diss Track Lyrics Defamation?

UMG argues that the lyrics in “Not Like Us” are protected by the First Amendment. In order for lyrics to be considered defamatory, they must be statements of fact. Opinions and hyperbole, no matter how offensive, are protected speech under U.S. law.

The key legal issue is whether a reasonable listener would interpret Lamar’s lyrics as factual assertions or as exaggeration and artistic expression. UMG believes that no reasonable person would take the lyrics literally.

Precedent and Hyperbole in Rap

The Second Circuit has previously ruled on whether someone can be defamed during a rap battle. Courts have generally held that statements made in the context of hostile, vulgar, and exaggerated disputes are not likely to be interpreted as factual.

In the case of “Not Like Us,” UMG highlights the music video’s imagery as part of the artistic expression. For example, Kendrick Lamar is shown whispering to a clown that he “sees dead people,” a clear reference to the movie The Sixth Sense. This is a metaphor suggesting that Lamar has lyrically destroyed Drake.

The video also includes a disclaimer that “No OVHoes were harmed during the making of this video,” while Lamar is shown beating an owl piñata. The owl is widely recognized as a symbol of Drake’s brand, OVO.

Album Cover Controversy

Drake’s complaint also mentions the album image that shows his home covered in sex offender registry markers. UMG argues that this image is so clearly doctored and over-the-top that no reasonable viewer would believe it to be real. The sheer number of markers displayed is part of the argument that the image is not meant to be taken seriously.

Art or Attack?

UMG’s motion frames “Not Like Us” as the culmination of a long series of diss tracks in what many have called the nastiest lyrical feud in recent history. UMG notes that diss tracks are a celebrated and recognized form of music built on exaggerated insults. Allowing this lawsuit to move forward, they argue, would severely chill artistic expression in rap.

UMG also points out that Drake himself signed a public petition opposing the trend of prosecutors using artists’ lyrics against them as if they were literal confessions.

What Comes Next?

Whether Drake’s lawsuit is dismissed will likely depend on how the court views the lyrics. If they are seen as opinion or hyperbole, the First Amendment will protect them. If they are considered factual accusations, the lawsuit could proceed.

Follow us for updates as the court decides whether this case goes forward. For more news on celebrity defamation, stay tuned.

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