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It’s a major setback for “a minor” lawsuit.
Drake’s defamation lawsuit against his record label over Kendrick Lamar’s hit diss track “Not Like Us” was dismissed by a federal judge in Manhattan on Thursday.
Judge Jeannette Vargas agreed with Universal Music Group’s motion to dismiss the suit, deciding Lamar’s song wasn’t meant to be factual and thus didn’t constitute defamation.
“A reasonable listener could not have interpreted ‘Not Like Us’ as conveying objective facts about Drake,” Vargas stated in her ruling. “The average listener does not see a diss track as the result of an impartial inquiry, providing fact-checked and verifiable content to the public.”
Drake’s lawsuit claimed that UMG extensively promoted and distributed “Not Like Us” despite its accusation of him being a “certified pedophile.” He argued that UMG committed defamation by releasing the song knowing the statements to be false. Lamar, who performed the song during this year’s Super Bowl halftime show, was not named as a defendant in the lawsuit.
However, Judge Vargas ruled the lyrics were clearly opinionated and therefore couldn’t be considered defamatory.
Listeners do not anticipate “accurate factual reporting” from a diss track that is “filled with profanity, trash-talking, threats of violence, and figurative and hyperbolic language,” Vargas wrote.
She also highlighted that during their ongoing feud, Drake suggested Lamar was guilty of domestic abuse on his song “Family Matters.” She noted that listeners expect “epithets, fiery rhetoric, or hyperbole rather than factual assertions.”
UMG, which distributes music for both artists through different subgroups, celebrated the decision and said it would stick by Drake going forward.
“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 company said in a statement. “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.”
With News Wire Services