May 17,2018
Singer Drake has claimed that a publisher and a management company used his
photo and name on its website without his permission or a license.
Drake
is one step closer to trial in a lawsuit over the unauthorised use of his name
and likeness and it could see the "Hotline Bling" artiste put a price tag on
exactly how much he thinks those rights are worth, reports
hollywoodreporter.com.
The estate of James Oscar Smith and publisher and
management company Hebrew Hustle sued the artiste and Cash Money Records in
2014, claiming his song "Pound Cake/Paris Morton Music 2" infringed on the 1982
spoken-word recording "Jimmy Smith Rap."
Last May, Drake beat that claim
on fair-use grounds.
Before an appeals court can evaluate that ruling,
the artiste's counterclaims against Hebrew Hustle and its founder Stephen
Hacker, have taken center stage. Drake's suit is one step closer to trial after
a New York federal judge on Tuesday denied dueling motions for summary judgment.
The singer's claims include false endorsement, violation of his publicity
rights and unfair competition.
The allegations arise from a photograph of
Drake with musicians Lil Wayne and Birdman, that was posted to Hebrew Hustle's
website and a reference to him in Hacker's online bio that said, "Stephen has
played a heavy hand with his clients in the creation of hit songs for the likes
of Eminem, Jay-Z, Kanye West, Lil Wayne, Drake, Nicki Minaj and others."
Drake says Hacker's clients never wrote or produced music for him and the site
didn't have his consent, a license or other permission to use his name and
likeness.