Drake Removes 'Taylor Made Freestyle' Diss Track from IG After Tupac's Estate Threatened Lawsuit over AI Verse
A lawyer for Tupac's estate referred to Drake's use of his voice as a "flagrant violation of Tupac's publicity and the estate's legal rights"
Drake's "Taylor Made Freestyle" is no longer available following a threat of legal action from Tupac Shakur's estate due to the song's use of an AI-generated verse using the late rap icon's voice.
After the "Hotline Bling" rapper shared the Kendrick Lamar diss track — also featuring an AI-generated Snoop Dogg verse — to Instagram on April 19, Tupac's estate took issue with the use of his voice and issued a cease-and-desist letter demanding the song be taken down. On Friday, April 26, Drake removed the song from social media.
"Taylor Made Freestyle" featured an AI verse portraying the "California Love" rapper as an ally of Lamar's, encouraging the fellow West Coast musician to clap back at Drake.
"F--- this Canadian lightskin, Dot / We need a no-debated West Coast victory, man / Call him a bitch for me / Talk about him liking young girls, that's a gift from me," raps what sounds to be Tupac on the track.
The late rapper's estate took issue with the song, as a letter sent by lawyer Howard King that's been obtained by PEOPLE claimed that Drake's use of his voice was a "flagrant violation of Tupac’s publicity and the estate’s legal rights."
King said "Taylor Made Freestyle" was a "blatant abuse of the legacy of one of the greatest hip-hop artists of all time," insisting the estate "would have never given its approval" regarding the use of Tupac's vocals.
Related: What's Been Going on with Drake and Kendrick Lamar (and Several Others): A Timeline of Recent Disses
"You personally are well acquainted both with publicity rights and the laws that protect them, and with the harm that unauthorized AI impersonations can cause to artists, including yourself," wrote King to Drake.
Reps for Drake did not immediately respond to PEOPLE's request for comment.
Following the release of "Taylor Made Freestyle," Snoop Dogg shared a clip to Instagram that saw him laughing about his fake voice being used in the song.
"They did what? When? How? Are you sure," Snoop asked his fans. "Huh. Y'all have a good night... Why everybody calling my phone, blowing me up? What the f---? What happened? What’s going on? I’m going back to bed. Good night."
California law regarding artificial intelligence is murky, as the technology's use for entertainment purposes is still new. A legal expert tells PEOPLE Tupac's estate should have protection over how his voice is used in media for 70 years after his 1996 death, as long as they've registered their post-mortem rights in the state.
"But there's this exception that I think would be the biggest hurdle for [Tupac's] estate to overcome — his voice being used for plays, books, magazines, newspapers, musical compositions, which is what we have here," says Andrea Perez, an art lawyer at Carrington, Coleman, Sloman & Blumenthal, LLP. "That's supposed to be exempt from protection, meaning Drake is OK, he falls into this exception."
"But then it says the musical composition exception then doesn't apply if the work is so directly connected that it constitutes an act of advertising or selling or soliciting purchases by that deceased personality," adds Perez. [Drake's "Taylor Made Freestyle" was never made available to stream or purchase.]
It's unclear what kind of legal action Tupac's team would be able to take on the matter. However, assuming Snoop did not consent to the use of his own voice via AI — after all, he's worked with Lamar in the past — he could potentially have an easier time winning a legal battle against Drake.
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Perez explains that if Snoop has suffered a "monetary injury" or feels his character has been hurt through the use of his voice on "Taylor Made Freestyle," it's possible he could bring about a case alleging the misrepresentation of his voice has violated his right to publicity. Bette Midler and Tom Waits have previously won voice misappropriation cases against Ford Motor Co. and Frito-Lay, respectively, after their voices were imitated for commercials.
"Did Snoop Dogg want to be involved in this battle either? Does that hurt his reputation? I don't know," says Perez. "That's kind of a question here — does he have something? Possibly, but also, maybe Snoop Dogg just doesn't even care to go forward on it."
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