Drake was named in a copyright infringement lawsuit over the summer, but the suit has been tossed. As explained in court documents obtained by AllHipHop, Micheldeangelou Perfvwaybelayou—who goes by the rap moniker Angelou Skywalker—accused Drake of stealing his song “Reach For Skies” for “Way 2 Sexy.” He claimed Drake’s label, Universal Music Group, had access to his song when he uploaded it to the UMG-owned site, Spinnup. But, a judge has determined there weren’t enough similarities between the two to warrant a victory. Coupled with Perfvwaybelayou’s outlandish behavior, the OVO Sound boss walked away unscathed.
“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,” the docs read. “The court grants defendants’ motion to dismiss plaintiff’s complaint in its entirety.”
It continued: “The common short words that Plaintiff emphasizes in both his and Defendants’ songs are not protectable elements of his work. 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.'”
According to the paperwork, Perfvwaybelayou repeatedly harassed prosecutors with a series of emails, sent Judge Kollar-Kotelly a lewd photo and filed nearly 50 non-relevant motions. The docs describe it as “repeated misconduct.”
“Attached is a motion for ruling sent to you of this day 6/7/2022,” Perfvwaybelayou wrote in one of the emails. “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].”
Perfvwaybelayou said in another email: “Oh you guys just not going to reply? That’s no fun. You lot are no fun. Hope you’re not racists as well! Good night to you!! […] You tell Mr. Graham to bring his behind on over to Washington D.C. and see this straight.”
The defendants were forced to file an emergency motion for a protective order in June after Perfvwaybelayou allegedly threatened their families.
The “Plaintiff sent an email communication that appears to threaten the undersigned counsel and their families” as well as other threatening emails, including one suggesting that Defendants’ counsel should be “capture[d]” and “detain[ed],” the docs continue. “[Perfvwaybelayou 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.”
Drake‘s “Way 2 Sexy” featuring Young Thug and Future was released in September 2021 as part of his sixth studio album, Certified Lover Boy. It debuted at No. 1 on the Billboard Hot 100. Listen to it above.
