January 13, 2005

George Clinton: Greatest Battle Rapper Ever

Who else could dis you so hard your only recourse is taking them to court? I guess Pac also did that to C. Delores, so it's a two way tie.

Rap lyrics ruled 'rhetorical hyperbole,' not defamatory

Crude rap lyrics that conveyed no verifiable facts about the plaintiff do not defame, U.S. Court of Appeals rules.

Rap lyrics about a record producer performed by funk musician George Clinton are merely crude "rhetorical hyperbole" and not defamatory, the U.S. Court of Appeals in Cincinnati (6th Cir) ruled last week...

Clinton, best known for his work in the bands Parliament and Funkadelic, performed the contested verse in the song "Speed Dreamin'" on rapper Warren G's 2001 "Return of the Regulator" album. The lyrics, written by G, refer to "Armen" and say: "He's a disgrace to the species into his face with some feces/Big nose motherf***er got it coming."

Record producer Armen Boladian filed suit in Michigan state court against G, record company UMG Recordings, and Michigan distribution company, Meijer Inc, claiming defamation, invasion of privacy, emotional distress and unjust enrichment. The defendants had the suit moved to U.S. District Court in Detroit.

According to Boladian's complaint, "The Lyrics refer to Armen Boladian. The disputes and litigation between Armen Boladian and George Clinton and concerning George Clinton's music is well known to virtually everyone in the music business, and in particular to those persons involved in the rap music business. The reference by Clinton to 'Armen' in the Lyrics would be understood by such persons as referring to Armen Boladian. The Lyrics, including the statements that refer to the 'sorrows and horrors' of Boladian's abuse, that Boladian is a 'disgrace to the species', and 'got it [killing] comin' are false and defamatory . . . ."

The District Court dismissed the suit because the lyrics were "rhetorical hyperbole" and not defamatory. Boladian appealed and the Court of Appeals unanimously affirmed Jan. 3.

The plaintiffs "have failed to meet their burden of showing an actual, objectively verifiable defamatory statement. There was no specific allegation, such as an act of child abuse, that could be proven," Judge Alan E. Norris wrote for the three-judge panel. "For instance, the statement that 'Armen' is 'disgrace to the species,' represents the kind of puerile taunt that, for better or for worse, is typical of rap music..."

Wow if this dude thinks "disgrace to the species" is too puerile, there's about 1,536 records out right now that would make his brain explode.

Posted by jsmooth995 at January 13, 2005 06:39 PM | TrackBack
Comments

Maybe he should've just told his mummy and saved some lawyers fees.

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I was in the protest rally this morning from 11 to 12:20. Whoever said there were less than 200 protesters should go back to first grade to learn how to count! For sure there would be MANY MANY MANY MORE supporters if the rally would be held on weekend.

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