The rap beef between Kendrick Lamar and Drake has fans asking whether a cease-and-desist claim over a diss track is true. It probably wouldn’t matter.
Probably not, say legal experts who study broadcast rights and the music business. “As a general law, broadcast stations have a lot of discretion over what they put on the air — almost unlimited discretion,” says, a Washington, D.C., attorney for Holland & Knight who specializes in telecommunications law. “A station is virtually free to pick and choose what it wants.”
Lamar’s new song “euphoria,” which he released April 30, alleges Drake and Republic had attempted to “try cease and desist on the ‘Like That’ record” — a reference to the recentof an alleged email appeared on social media purporting to be from a Republic business-affairs executive declaring “we are not grantingrights” for “Like That.
Because Republic had a hand in releasing “Like That,” it is conceivable — though extremely unlikely — that the company could demand that radio stations stop playing its own song. “I don’t readily see a legal reason to request takedown from radio solely based on certain lyrics being in the song,” says, an attorney who represents top artists and music companies.
He adds: “That happens all the time. Artists tell their lawyers: ‘Send a cease-and-desist.’ The lawyer says, ‘Uh, I don’t think they’re doing anything wrong.’ ‘Send a cease-and-desist or I’ll fire you.’ And they send the cease-and-desist — and don’t follow up.'” Evidence on behalf of Kenswil’s theory: “Like That” not only came out, but radio played the track, iton the Hot 100 and remained there for three weeks. And as of this writing, “Like That” is No.
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