Obrafour sues Drake for copyright infringement, seeks $10m in damages

Obrafour says an agent of Drake had previously sought permission to use the copyrighted work, which he never granted, and then released the track days later anyway.

DL News
19 Apr, 2023
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MarryRight Ghana

Celebrated Ghanaian Musician, Obrafour has sued popular Canadian rapper Drake, for using portions of his 2003 "Oye Ohene (Remix)" in the song by the defendant, “Calling My Name” as part of his “Honestly Nevermind” album which was released on June 17, 2022. 

In a New York court filing, Obrafour says an agent of Drake had previously sought permission to use the copyrighted work, which he never granted, and then released the track days later anyway.

He further contends that he has been directly damaged, and is continuing to be damaged, by the unauthorised publication, and promotion of the copyrighted work. 

"Obrafour has received no songwriter credit and no copyright ownership interests in and for any exploitations of the Infringing Work or any of the works associated with the Infringing Work.

“The Infringing Work copies quantitatively and qualitatively distinct, important, and recognizable portions and/or elements of the Copyrighted Work. Specifically, the Infringing Work directly copies distinctive and important vocal elements of the composition and performance embodied in the Copyrighted Work. The central inclusion of the foregoing important vocal elements from the Copyrighted Work in the Infringing Work has greatly enhanced the musical and financial value of the Infringing Work,” court documents stated. 

Reliefs sought

He is therefore seeking about 10 reliefs, including;

a. A declaration that Defendants have willfully infringed Obrafour’s Copyrighted Work in violation of the Copyright Act; 

b. A declaration that Defendants are directly, vicariously and/or contributorily liable for copyright infringement, as applicable; 

c. A permanent injunction requiring Defendants and their agents, employees, officers, attorneys, successors, licensees, partners, and assigns, and all persons acting in concert or participation with each or any one of them, to cease directly and indirectly infringing, and causing, enabling, facilitating, encouraging, promoting, inducing, and/or participating in the infringement of any of Obrafour’s rights protected by the Copyright Act;

d. An award of damages pursuant to 17 U.S.C. 504(b), including actual damages, and the profits of the Defendants, including all profits and damages directly and indirectly arising from exploitation of the Copyrighted Work, domestically and internationally, as well as any and all profits and damages in the following categories attributable to the infringement, including but not limited to: record sales, downloads, ringtones, public performance revenues, streaming revenue, synchronization licensing, public appearances, endorsements, advertising revenue, rights of publicity income, among others listing about 43. 

e. In the alternative, an award of statutory damages, pursuant to 17 U.S.C. 504(c), in the amount of $150,000 for each act of infringement; 

f. An award of compensatory and special damages, to be determined at trial; 

g. An award of attorneys’ fees and full costs pursuant to 17 U.S.C. 505 and under other applicable law; 

h. For pre-judgment and post-judgment interest according to law, as applicable; 

i. For damages, in aggregate, in an amount not less than $10,000,000, and/or to be determined at trial; and j. For such other and further relief as this Court may deem just and proper