Drake has scored a legal victory in a copyright lawsuit over his 2021 hit “Way 2 Sexy,” due in part to what courts call “repeated misconduct” by the plaintiff.
According to AllHipHop, while waiting for a decision in the lawsuit, rapper Angelou Skywalker sent a series of inappropriate emails to both the prosecutors and U.S. district judge Colleen Kollar-Kotelly, who presided over the case in Washington, D.C. He’s also accused of filing no less than 50 irrelevant motions.
In one email worded as a formal motion, Skywalker, whose real name is Micheldeangelou Perfvwaybelayou, demanded that the courts “tell Aubrey that if he doesn’t show up then I’ll become Adonis’s Dad one day while he’s off sniffing up other stinky butt bites thinking about the next way to set they pum-pump p#### on [fire].”
Angelou Skywalker is also accused of sending a lewd photo to Kollar-Kotelly, though the nature of the photo was not described in the court documents.
In his original complaint, the aspiring rapper alleged that Drake had obtained access to his song, “Reach For Skies” after it had been uploaded to the Universal Music Group-owned site Spinnup. Drizzy’s OVO Sound imprint is distributed by Republic Records, which is a UMG subsidiary.
In her official ruling, Judge Kollar-Kotelly determined that “Way 2 Sexy” did not share enough elements with “Reach For Skies” to justify a copyright violation. Additionally, the court found that many of the words which Skywalker cited as examples of copyright infringement were too common to be included in such a complaint.
“The court finds that while Plaintiff does allege ownership of a valid copyright, he does not allege facts to show Defendants’ access to Plaintiff’s song nor substantial similarity,” read Kollar-Kotelly’s decision. “The court grants defendants’ motion to dismiss plaintiff’s complaint in its entirety.
“The common short words that Plaintiff emphasizes in both his and Defendants’ songs are not protectable elements of his work,” the ruling continued. “They are similar to — and in some instances, more ubiquitous than — other words and phrases that courts have held not to be protectable. Here, common words like ‘sexy,’ ‘yeah,’ ‘kickin’,’ ‘okay,’ ‘action,’ ‘scenes,’ ‘where,’ ‘been,’ ‘today,’ ‘make,’ and ‘hundreds,’ among others that Plaintiff emphasized, are not protectable, nor is a phrase like ‘wa-pow.’”
“Way 2 Sexy” — which featured Future and Young Thug over a TM88-produced track sampling Right Said Fred’s 1991 hit “I’m Too Sexy” — was the lead single from Drake’s sixth studio album Certified Lover Boy.
The song debuted at the No. 1 position on Billboard‘s Hot 100 chart, becoming Drake’s ninth No.1 record, Future’s first and Young Thug’s third.
At one point, the song made history as one of nine songs from Certified Lover Boy to occupy sit in the Top 10 positions on the Hot 100 chart at the same time. During that week, Drake held all but the No. 6 position, which went to The Kid LAROI and Justin Bieber’s “Stay.”
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In addition to dismissing the lawsuit, Judge Kollar-Kotelly issued an order of protection which states that Angelou Skywalker must “stay more than 100 yards away from Defendants’ and Defendants’ counsels’ places of business and stay more than 100 yards away from and have no contact with Defendant’s counsel, except at judicially sanctioned events.”
The restraining order came as the result of several emails in which Skywalker threatened the attorneys representing Drake and his co-defendants, as well as their families.
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