Drake files second legal action over Kendrick Lamar’s Not Like Us
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Drake has filed two legal actions in as many days
Drake has filed a second legal action against record label Universal Music over Kendrick Lamar’s hit Not Like Us, which was released at the height of the pair’s feud earlier this year.
The star has accused Universal of defamation, and his legal papers claim the company could have halted the release of a song “falsely accusing him of being a sex offender”.
Instead, his lawyers claim, Universal “executed a plan” to make the song “a viral mega-hit”, and used Lamar’s incendiary lyrics “to drive consumer hysteria and, of course, massive revenues”.
It comes a day after Drake filed papers in New York, accusing the company of illegally boosting the song’s profile on Spotify. Universal has called the claims “offensive and untrue”.
“We employ the highest ethical practices in our marketing and promotional campaigns,” the company said.
“No amount of contrived and absurd legal arguments… can mask the fact that fans choose the music they want to hear.”
Like the earlier filing, the latest court document is not a lawsuit.
Instead, it is a “pre-action petition”, under which Drake’s lawyers can ask the court to order Universal to preserve any relevant documents and information ahead of future legal action.
It was filed in Texas and also involves the radio giant iHeartRadio, which operates more than 850 stations across the US.
According to Drake’s lawyers, Not Like Us was “heard more than 25 million times” by listeners to iHeart stations in the four months after its release.
Citing a whistleblower, they claim Universal potentially made “covert payments” to iHeart as part of a “pay-to-play scheme” to promote the song.
Drake’s lawyers admit that they have been “unable to confirm” whether the payments went to iHeart stations, but argue that “as the number one audio company in the country”, it was the most likely recipient.
If approved, the court action would compel the companies to provide any evidence regarding the accusations.
The BBC has contacted iHeartRadio for a response to the petition.
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Kendrick Lamar is the only hip-hop artist ever to have won a Pulitzer Prize
As in his previous filing, Drake goes on to accuse Universal of using “bots” to falsely inflate Lamar’s streaming numbers, and of paying influencers to promote Not Like Us online – all of which the company has denied.
But the latest documents add detail about Drake’s grievances toward Universal, the label where he has spent his entire career.
The documents claim the company knew that Lamar’s song “falsely” accused him of being a “certified paedophile”, a “predator” and someone whose name should “be registered and placed on neighbourhood watch”, but chose to release it anyway.
The song was widely regarded as the decisive blow in a long-running feud between the two rappers, who had been trading barbs in their songs since the early 2010s.
Debuting at number one on the US chart, it has also been nominated for four Grammy Awards, including song of the year.
Drake responded with a track called The Heart Part 6, in which he denied accusations of sexual misconduct and claimed to have fed Lamar “false” information through a double agent. However, the musician later deleted the track from his Instagram feed.
The Canadian star, who is one of the most-streamed musicians of all time, releases music through his own label, OVO Music, but licenses the songs to Universal’s subsidiary label Republic for marketing and distribution.
Lamar has a similar deal, licensing his records through Universal’s Interscope imprint.
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