Drake has filed an appeal after a federal judge in New York dismissed his defamation suit against Universal Music Group (UMG) over Kendrick Lamar’s hit song Not Like Us. The rapper’s legal team submitted the notice of appeal to the U.S. Court of Appeals for the Second Circuit on Tuesday, seeking to overturn the October 9 ruling, according to a copy of the filing obtained by Music Business Worldwide.
The lawsuit, filed earlier this year, accused UMG of approving and promoting Not Like Us, which Drake said contained false statements implying he engaged in inappropriate behavior with minors. The case did not name Lamar as a defendant, focusing instead on the label’s alleged responsibility for distributing and monetizing the track.
In her decision earlier this month, U.S. District Judge Jeannette A. Vargas ruled that the song’s lyrics were protected as artistic expression and could not reasonably be interpreted as factual statements. The dismissal aligned with UMG’s argument that Lamar’s lyrics were opinion, not defamation. The label maintained that the song was part of an ongoing musical feud between two high-profile artists and fell squarely within the bounds of creative speech.
Drake’s lawyers disagree, arguing that millions of listeners perceived the lyrics as factual assertions, resulting in reputational damage, according to PEOPLE. They also claim the court failed to consider the song’s reach and the realistic impact of its allegations beyond the context of rap-battle theatrics.
UMG has not issued a detailed response to the appeal but previously called the lawsuit “an affront to artistic freedom” in a statement to Variety. If the appellate court upholds the dismissal, the case will effectively end. If it reverses, the case could return to district court for further proceedings, including discovery and a possible trial.
