Drake “Not Like Us” Petitions, Defined

Drake stays one of many highest streamed musicians on the earth however nonetheless, “Not Like Us” allegedly broken his profession, based on two new pre-action petitions. Earlier this week, the rapper’s attorneys filed two separate court docket paperwork requesting for UMG to protect proof pertaining to the success of Kendrick Lamar’s hit document. The primary case focused UMG and Spotify with claims of violating RICO and manipulating streams by means of botting and influencers. The second submitting calls out UMG and iHeartMedia on claims of defamation. Under, we’ve damaged down each filings. 

The petition outlines a technique by UMG to artificially inflate the recognition of “Not Like Us.” This included utilizing bots to generate faux streams, making undisclosed funds to Spotify for music promotion, and interesting in payola (unlawful funds) to radio stations. Moreover, UMG reportedly paid influencers and social media platforms to advertise the music with out transparency about these monetary preparations.

A core challenge is the “strategic partnership” between Spotify and UMG, which the petition describes as an effort to “amplify music discovery and social interplay and improve fan experiences throughout the platform.” Furthermore, the petition additionally claims that UMG, which entered a world license settlement with Spotify in 2020, charged the streaming service 30% much less to license “Not Like Us” in change “for Spotify affirmatively recommending the Music to customers who’re trying to find different unrelated songs and artists” with out disclosing this info to the general public. 

An attention-grabbing half about this doc is that it factors out a number of viral headlines because the music’s launch. In a single half, it alleged that Apple’s Siri redirected listeners who wished to take heed to Licensed Lover Boy to Kendrick Lamar’s “Not Like Us,” during which Kendrick makes use of Drake’s album title as a lyric, based mostly on reporting by Jeremy Hecht and an article from Vibe Journal. 

“On info and consider, UMG paid, or accepted funds to, Apple Inc. to have its voice-activated digital assistant ‘Siri’ purposely misdirect customers to ‘Not Like Us.’ On-line sources reported that when customers requested Siri to play the album ‘Licensed Loverboy’ by recording artist Aubrey Drake Graham d/b/a Drake, Siri as a substitute performed ‘Not Like Us,’ which accommodates the lyric ‘licensed pedophile,’ an allegation in opposition to Drake,” the submitting reads. Whereas a hefty allegation, Hecht later clarified that Siri used lyric recognition.

Drake, by means of Frozen Moments, claims financial hurt from UMG’s actions. The aggressive promotion of “Not Like Us” created a zero-sum situation within the music business, the place one music’s success can hinder one other artist’s alternatives. UMG’s alleged favoritism towards Kendrick Lamar straight impacted the visibility and profitability of Drake’s personal music.

Frozen Moments additionally highlights UMG’s makes an attempt to deflect blame. As an alternative of addressing Drake’s grievances, UMG instructed authorized motion in opposition to Lamar and threatened counterclaims if Drake pursued them. Furthermore, the submitting alleges that “UMG has been taking steps in an obvious effort to hide its schemes, together with, however not restricted to, by terminating staff related to or perceived as having loyalty to Drake.”

The petition is filed beneath New York regulation to request pre-action discovery, a course of that enables proof gathering earlier than submitting a proper lawsuit. Frozen Moments seeks to substantiate claims beneath the Racketeer Influenced and Corrupt Organizations Act (RICO), alleging wire fraud and bribery, and beneath New York’s Misleading Enterprise Practices and False Promoting Acts. To construct the case, the petition asks the court docket to compel UMG and Spotify to launch paperwork, together with data of funds to 3rd events for music promotion, details about bot utilization for faux streams, and particulars of licensing agreements and monetary preparations between UMG and Spotify. Frozen Moments additionally seeks a court docket order requiring UMG and Spotify to protect all associated communications and paperwork. The priority is that important proof, akin to social media messages and textual content communications, could also be misplaced if not safeguarded throughout the authorized course of.

After information broke, UMG issued a press release to Selection relating to the “absurb” claims. “The suggestion that UMG would do something to undermine any of its artists is offensive and unfaithful,” a rep stated. “We make use of the very best moral practices in our advertising and marketing and promotional campaigns. No quantity of contrived and absurd authorized arguments on this pre-action submission can masks the truth that followers select the music they wish to hear.”

The day after submitting the petition in New York, Drake filed one other authorized petition in opposition to Common Music Group in Texas, together with iHeartMedia, in Texas. This time, the Canadian star is accusing UMG of orchestrating a misleading promotional marketing campaign for Kendrick’s “Not Like Us” whereas concurrently inflicting damages to Drake’s repute and profession. Below Texas Rule 202, Drake is trying to, as soon as once more, collect substantial proof earlier than submitting a proper lawsuit in opposition to the aforementioned events. Let’s break down the second petition that Drake filed this week.

The second submitting echoes related sentiments of streaming manipulation and payola. Nonetheless, on the core of this petition is accusations of defamation. “Not Like Us,” which Drake claims consists of defamatory language akin to “licensed pedophile” and labeling him a “predator,” was launched beneath UMG’s watch. Nonetheless, Drake believes that the label had the authority to both refuse the music’s launch or on the very least, demand modifications to the lyrics. The rapper claims that UMG, as a substitute, selected to take advantage of the controversy for monetary acquire which, in flip, induced hurt to his enterprise. Drake’s petition additionally accuses UMG of manipulating platforms like Spotify and radio airwaves to falsely inflate the music’s reputation. This alleged manipulation consists of using bots, undisclosed funds to influencers and platforms, and “payola”—a time period referring to secret funds to radio stations to play sure songs, which is prohibited beneath U.S. regulation.

The petition outlines a number of allegations in opposition to UMG and their alleged partnership with iHeartRadio. Much like the New York submitting, this petition particulars claims of an alleged manipulation scheme to boost the recognition and streams of “Not Like Us” in an try to spice up income for UMG. These embrace utilizing bots to artificially enhance “Not Like Us” streaming numbers and citing an alleged whistleblower who they claimed acquired 1000’s of {dollars} to assist the music garner over 30 million streams on Spotify within the days after its launch. Furthermore, Drake claims that UMG additionally paid influencers to advertise the music with out disclosing the monetary relationship–a violation of promoting transparency legal guidelines. 

Then, there are the claims of payola. Drake believes that UMG funneled funds to radio stations, particularly these beneath iHeartRadio, to verify “Not Like Us” gained heavy radio play within the months after the feud. Legally talking, that is an alleged violation of the Communications Act of 1934. This additionally goes hand-in-hand with the claims that UMG orchestrated an elaborate advertising and marketing marketing campaign to make use of discretionary funds to pay unknown third events to advertise the music, inflate its metrics, and in consequence, drive media consideration.

As talked about above, a major focus level on this article is defamation. The submitting means that UMG greenlit the music to streaming companies and radio. Contemplating the language used within the music, Drake claims UMG did little to stop the accusations of pedophilia from proliferating throughout official streaming companies and radio. Much more, he believes it was executed in an try and revenue off of the controversy. 

With reference to iHeartMedia, the most important audio media firm within the U.S. that owns a whole bunch of radio stations, Drake’s petition hopes to place the corporate’s alleged function beneath the microscope. The petition means that iHeartMedia performed a big function in UMG’s marketing campaign by selling “Not Like Us” throughout their platforms. Due to this, Drake is hoping to uncover whether or not iHeartMedia accepted undisclosed funds from UMG in change for prioritizing the music on the airwaves.

Because of the music’s reputation and fixed rotation, Drake’s authorized crew argues that iHeartMedia cooperated in amplifying the hurt induced to his profession. This petition additionally highlights the monetary relationship between UMG and iHeartRadio. In response to the court docket paperwork, iHeartMedia pays UMG licensing charges to play its artists’ songs. This allegedly offers UMG leverage in what music will get airtime. Due to this, Drake’s authorized crew desires to discover whether or not the monetary dynamic allowed UMG to govern radio play for “Not Like Us.” 

Drake’s petition asks the court docket to authorize depositions from representatives of UMG and iHeartMedia. He desires entry to proof of economic transactions, communications, and inner paperwork that would verify using bots, payola, and undisclosed promotional funds. This consists of data of funds made to influencers, radio stations, and social media platforms, proof of bot utilization to inflate streaming numbers; and particulars of licensing agreements and monetary advantages exchanged between UMG and iHeartMedia. Moreover, Drake is requesting that UMG protect all associated communications and knowledge out of concern that proof may in any other case be destroyed or hid.

This pre-action submitting might put a highlight on the transparency and equity within the music business, or the dearth thereof. Nonetheless, all of it depends upon whether or not the court docket determines that there’s substance to those allegations. If the proof helps Drake’s claims, Drake might pursue lawsuits in opposition to UMG, iHeartMedia, and Spotify. Nonetheless, this might additionally expose potential techniques that Drake utilized in his profession, too. Whether or not or not Drake has additionally used bots and payola in his profession stays unclear, although if it seems to be the case, then there may be some type of reevaluation of the streaming data that he’s damaged. On the similar time, this might successfully expose the alleged malpractices of the music business as an entire. For higher or for worse, Drake may be the catalyst to alter business practices indefinitely.