Drake has amended his defamation suit against Universal Music Group to reference Kendrick Lamar’s performance of “Not Like Us” at the Super Bowl.
Lamar’s February halftime show was a critical success and, reportedly, the most-viewed halftime performance in the history of the event. Many fans wondered how he would tackle “Not Like Us,” his Grammy-winning diss track that includes, among its scathing lyrics, a famous line accusing Drake of being a pedophile.
Lamar altered that lyric in his performance, which Drake cited in his amended suit. Lamar did perform other critical lyrics, including the line “I hear you like ’em young.”
“Kendrick Lamar would not have been permitted to perform during the Super Bowl Performance unless the word ‘pedophile’ (in the phrase ‘certified pedophiles’) was omitted from the lyrics,” Drake’s attorneys wrote in their amended complaint. “That is because nearly everyone understands that it is defamatory to falsely brand someone a ‘certified pedophile.’”
“The agreement to censor the word ‘pedophile’ failed to cure the Super Bowl Performance of conveying the Recording’s central defamatory meaning,” Drake’s team said in their amended filing. “Instead, the Super Bowl Performance further solidified the public’s belief in the truth of the allegations against Drake.”
“It was the first, and will hopefully be the last, Super Bowl halftime show orchestrated to assassinate the character of another artist,” the complaint continued.
Drake first sued UMG, where both he and Lamar are signed, three months ago (though, notably, he did not sue Lamar directly), accusing the label of promoting a single he believes is defamatory.
UMG, in a statement released Wednesday, said that “Drake, unquestionably one of the world’s most accomplished artists and with whom we’ve enjoyed a 16-year successful relationship, is being misled by his legal representatives into taking one absurd legal step after another,” UMG said. “We will demonstrate that all remaining claims are without merit. It is shameful that these foolish and frivolous legal theatrics continue. They are reputationally and financially costly to Drake and have no chance of success.”
In response to a discovery motion that could give Drake access to Lamar’s contract with UMG, the company said, “Two weeks ago, his representatives celebrated a ‘win’: the granting of a routine discovery motion. That ‘win’ will become a loss if this frivolous and reckless lawsuit is not dropped in its entirety because Drake will personally be subject to discovery as well.”
“Be careful what you wish for,” they added.
Lamar’s performance of “Not Like Us” at the Super Bowl likely won’t change much in Drake’s efforts to sue UMG, said Ken White, a renowned 1st Amendment litigator who spoke to The Times in January.
“There’s a risk, but it appears to be low because of the way that Drake has decided to do this,” White said. “He very deliberately went after UMG, and said this isn’t about Kendrick. It was more like, ‘I don’t want to pick a fight with Kendrick, I only want to pick a fight with UMG.’ All he would be able to do is say, ‘UMG promoted this song at the Super Bowl, their hands got Kendrick Lamar the gig.’”