Drake’s ‘What Did I Miss?’ Video Copied Pic by Controversial Balenciaga Ad Photographer: Lawsuit
A new lawsuit claims Drake’s ”What Did I Miss?” music video ripped off the work of an Italian photographer — and, in a strange twist, that the rapper was intentionally trying to connect his feud with Kendrick Lamar to a controversial Balenciaga campaign.
The copyright infringement complaint, filed against Drake (Aubrey Graham) on Wednesday (Nov. 12) in federal court, alleges a key sequence in the “What Did I Miss?” video lifts from a photograph in Gabriele Galimberti’s 2020 book The Ameriguns. Both Galimberti’s photo and the scene in question show men standing outside houses, surrounded by firearms laid out in parallel around swimming pools.
Galimberti is a photographer with National Geographic, though he is perhaps best known for shooting a notorious 2022 Balenciaga campaign that portrayed children with sexually explicit objects. The campaign drew a huge backlash, with consumers accusing the fashion house and Galimberti of glorifying pedophilia.
Wednesday’s lawsuit draws a direct line between the Balenciaga controversy and “What Did I Miss?,” in which Drake addressed the aftermath of his rap battle with Lamar. That feud ended with Lamar calling Drake a “certified pedophile” on the chart-topping diss track “Not Like Us,” leading Drake to sue Universal Music Group (UMG) for defamation.
“Plaintiff was ultimately publicly vindicated in a defamation lawsuit abroad related to the false accusations arising from the Balenciaga advertisement,” writes Galimberti’s attorney. “Given Kendrick Lamar’s lyrics…calling defendant Graham a pedophile and defendant Graham’s now dismissed defamation lawsuit, on information and belief, defendant Graham sought to imply that he, like plaintiff, would be publicly exonerated.”
Drake’s defamation lawsuit was dismissed last month, with a federal judge ruling that lyrics in rap battles are hyperbole and not meant to imply facts. Drake is now appealing to revive the case against UMG, which owns both Lamar’s label Interscope Records and his label, Republic Records.
Republic and UMG are both defendants in Galimberti’s lawsuit as well, along with Drake and his company OVO Sounds. Galimberti is seeking financial damages for what he describes as “both an egregious violation of federal law and an affront to plaintiff, his livelihood, his legacy and to photographers everywhere.”
“Plaintiff is a serious professional, addressing serious themes,” reads the complaint. “His work hangs in galleries, museums, graces serious print literature, and his career depends upon the respect and admiration of dealers, collectors and critics of contemporary and documentary art. By the forced and unauthorized association of his work with the infringing video, the integrity of his work and his reputation as a photographer has been damaged.”
Reps for Drake and UMG did not immediately return requests for comment on the lawsuit.
“What Did I Miss?” debuted at No. 2 on the Billboard Hot 100 in July, and hit No. 1 on both Hot R&B/Hip-Hop Songs and Rhythmic Airplay, extending multiple Billboard chart records for the rapper.
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