Rappers Drake and 21 Savage just released their “Her Loss” album, and it’s important for Aubrey Drake Graham and Sheyaa Bin Abraham-Joseph to gain the public’s attention in a swirling music world where streaming services add 100,000 new pieces of sound every day.
So of course they hired a public relations company to help. Hiltzik Strategies’ “about us” page says its services include “advancing and protecting individual and company brands and narratives” of clients.
But as a judge ruled on Thursday, Nov. 22, 2022, Hiltzik Strategies and its clients did exactly the opposite when they made up stuff and used a company’s brand without permission to peddle the album.
As The Hollywood Reporter noted, the rappers put themselves on fake covers of Vogue magazine, handed out professionally made fake print editions, and also “spoofed appearances on Saturday Night Live, NPR’s Tiny Desk series and The Howard Stern Show” to shill for the album.
As for Vogue, on social media they wrote: “Me and my brother on newsstands tomorrow!! Thanks @voguemagazine and Anna Wintour for the love and support on this historic moment.” This is an absolute lie.
Vogue sued, claiming the well-planned PR campaign misused Vogue’s trademarks to confuse audiences. Among other things, the lawsuit noted some news organizations were fooled by the PR campaign to think that the two were on the Vogue cover.
The judge’s restraining order against the rappers and their PR firm is brutal, and it includes ordering the defendants to take back all the fake magazines and to remove all the fake covers plastered across New York. A court hearing is scheduled for later in November.
The legal issue is clear. As the judge wrote in the restraining order, Vogue and owner Condé Nast have “a likelihood” of winning the lawsuit.
The ethics issue is even clearer, as it should be by anyone who understands “do unto others as they would do unto you” or any standard of reciprocity.
The performers and their PR folks make their living by making creative works they hope to sell to others, and Drake’s history of lawsuits over fair use and copyright suggests he should know better.
Hiltzik Strategies, the PR firm, did not respond to a request for comment from Vulture, the website reported. It’s a good thing that Hiltkik also does crisis management, if you believe its “about us” page.