How Kubrin, Lerner and IPAT Clinic played role in Drake vs. UMG dismissal
Friday’s dismissal of the high-profile defamation case involving rappers Drake and Kendrick Lamar drew praise from criminology, law & society Professor Charis Kubrin, who previously joined other UC Irvine scholars in signing an amicus brief detailing their concerns about the litigation’s disturbing implications of treating rap lyrics literally.
“This is excellent news for anyone opposed to treating rap lyrics as factual assertions, particularly in the context of diss tracks,” Kubrin said Friday of U.S. District Court Judge Jeannette A. Vargas issuing a 38-page opinion that dismissed all counts in Drake vs. Universal Music Group (UMG).
Drake sued his own record label, UMG Recordings, in January for defamation over Lamar’s song “Not Like Us” arguing that it should be treated like factual allegations akin to a news report, and not like what it is: a rap diss track.
In May, the Intellectual Property, Arts, and Technology (IPAT) Clinic within UC Irvine School of Law's clinical program filed the amicus brief on behalf of Kubrin; IPAT Clinic Director and law Professor Jack Lerner; CLS alum Adam Dunbar, (Ph.D., ’20), who is now an assistant professor of criminal justice at the University of Nevada, Reno; and CLS alum and current doctoral student Kyle Winnen (M.A., ’15).
The scholars argued that the practice of flattening art into a literal confession or statement of intent is a convenient way for prosecutors to let racial bias and prejudice into the courtroom.
“The court’s decision vindicates that argument,” Kubrin said.
The brief also provided important background on the long history of diss tracks and rap battles, which draw on cultural traditions that predate rap by generations. This territory is also mined in the book Rap on Trial: A Legal Guide for Attorneys by co-authors Lerner and Kubrin, with the help of IPAT Clinic students.
Click here to read the full brief and accompanying motion. Also, Billboard Magazine wrote about the brief, nicely explaining what was at stake with the case and the assumptions at the heart of Drake’s claims.
– Matt Coker