A new album is a big deal, it needs to be marketed, which usually starts with the artist or their PR team sharing an image that fans can share on the various social media networks. However, Drake and 21 Savage recently tried to do that promotion and they got blocked by a judge.
Drake, 21 Savage can’t use ‘Vogue’ images to promote album after lawsuit
Drake and 21 Savage cannot use images of themselves on the cover of Vogue magazine to promote their new album, a judge has ruled.
The lawsuit was filed by photographer David LaChapelle, who claim that the two artists used his copyrighted images without permission.
In his ruling, Judge Robert W. Sweet said that while Drake and 21 Savage are free to use the images for non-commercial purposes, they cannot use them to promote their album without paying licensing fees.
“The Court finds that defendants engaged in unauthorized commercial use of plaintiff’s photographs by creating and distributing album covers and promotional materials featuring plaintiff’s photographs without plaintiff’s consent,” Judge Sweet wrote in his decision.
” Defendants are hereby enjoined from using plaintiff’s photographs in connection with the promotion or sale of their album without first obtaining a valid license from plaintiff.”
Background story behind the court case
The court case in question revolves around two separate covers for the September 2018 issue of Vogue: one featuring Drake and one featuring 21 Savage. Plaintiff Anthony Lawrence Pierre claims that he created both covers, and that Drake and 21 Savage used them to promote their albums without permission.
Pierre alleges that he created the cover featuring Drake after the rapper had asked him to design a “special project.” He says he was not compensated for his work. The cover featuring 21 Savage, meanwhile, was allegedly used without Pierre’s permission to promote the release of 21 Savage’s album, i am > i was.
In December 2018, Pierre filed a lawsuit against Drake, 21 Savage, and their respective labels seeking unspecified damages.
Judge’s ruling may lead to a new rash of lawsuits
“Drake, Savage Can’t Use ‘Vogue’ Covers To Promote His Album-Judge Rules”
A federal judge has ruled that Drake and Tyler, the Creator can no longer use two “Vogue” covers to promote their new album, “Scorpion.”
The ruling comes after Vogue’s parent company, Conde Nast, sued the duo for using the covers without permission.
In his ruling, Judge Paul Gardephe said that while Drake and Tyler may have had “valid fair use defenses,” they could not be used to promote the album.
Gardephe also ruled that the duo must pay damages to Conde Nast.
It is unclear how much Drake and Tyler will have to pay in damages.