All across the world, particularly in the music and film sectors of the entertainment industry, lyrics and sound form the basis of creative expression, which are carefully crafted into music and film. Although there are classic musical productions like the works of Beethoven, Mozart and Vivaldi without vocal rendition, as well as movies such as The Passion of Joan of Arc, Sunrise: A song of Two Humans and The Lodger, cinematic productions without vocal sound, the evolution of musical and cinematic works have necessitated the use of lyrics and sound to deliver thematic expressions cutting across several genres.
The emphasis of this article is on lyrical expression in the music sector of the entertainment industry. Over time, certain artistes have sang, rapped or uttered lyrics that convey criminal messages, intent or outright description of crime. We intend to dissect the prism with which such lyrics may be viewed, whether as mere creative expression or admission of guilt and intent.
Every creative in the entertainment sector possesses what is referred to as creative license – this is the freedom that an artist, writer, or other creative individual has to make changes, take liberties, or use imagination when presenting information or creating something new. This is also referred to as creative freedom – the right to think in the abstract or realistic realm of your imagination to convey or pass across message in a creative manner. This freedom / license often leads to thematic expressions and thus, embodies the essence of art, creativity, language and mood.
A case study in inference of crime from creative expression is the American Rapper Young Thug who recently faced a R.I.C.O (Racketeer Influenced and Corrupt Organizations Act) case due an indictment; lead evidence for his indictment were extracted from lyrics from nine of his songs, including “Eww” and “Ski”. As expected, Thugger’s defense attorney had argued that lyrics are constitutionally protected speech and would be unfairly prejudicial, however, this did not stop the admission of his lyrics as evidence. The position of the prosecution was this: “the question is not rap lyrics. The question is gang lyrics; these are party admissions. They happen to come in the form of lyrics.”
On “Eww”, Thugger raps: “How many niggas standing around you would die for you? I’m not being funny but if I come through there spraying (reference to bullets) / All them niggas turn to 4 wheelers / Honestly, truth be told, YSL won’t fold.” Similarly on “Anybody”, he raps:“I never killed anybody, but I got something to do with that body”. Also, on “Dream”, he spits: “Hey, how you doing? I’m Yak Gotti, I got bodies on bodies” and on “Take it to Trial”, he utters: “For slimes you know I kill.”
“Ski” sees Young Thug boasting: “She said, “You murk (meaning: murder) ’em, I show you my coochie.”
The prosecution in the case used these lyrics as intent and admission of murder to support the charge against Young Thug for the murder of Yak Gotti, a rival, as well as evidence of gang membership. The prosecution argued that although the first amendment guarantees freedom of expression, American artistes usually rap about actual happenings in their environment and these lyrics are examples of such instances. On the opposing end, the defense argued that lyrics are often exaggerated or fictionalized and should not be taken as literal accounts of events. The judge in the case acknowledged the First Amendment concerns but also emphasized the need to consider the lyrics in the context of the alleged RICO conspiracy provided the prosecution can establish their relevance.
The admittance of rap lyrics as evidence in then Young Thug / YSL R.I.C.O case has sparked significant debate about artistic expression, free speech, and the line between art and reality in the context of criminal trials.
In another example, American rapper, Rick Ross on a featured song, “U.O.E.N.O”, rapped: “put Molly all in her champagne, she ain’t know it.” Molly is ecstasy, a drug that stimulates happiness, feelings and mood, particularly sexual mood as it produces an energizing effect, distortions in time and perception, and enhanced enjoyment of tactile experiences.
The utterance of these lyrics immediately sparked outrage due to its suggestion of rape / attempted rape, and this had far reaching consequences. Reebok, a multi-billion dollar fashion apparel company, dropped Rick Ross as its brand ambassador due to a women rights group protest at one of its stores in New York.
In a press release, Reebok stated: “Reebok holds our partners to a high standard and we expect them to live up to the values of our brand. Rick Ross has failed to do so. Reebok does not condone sexual assault and we are not happy with how he has handled the situation, we are very disappointed he has yet to display an understanding of the seriousness of this issue or an appropriate level of remorse. At this time, it is in everyone’s best interest for Reebok to end its partnership with Mr. Ross.”
These legal and public reactions to lyrics blur the line between imaginative thinking and reality, and it calls for caution on the path of creatives, whether musical or theatrical.
In the budding entertainment industry of Nigeria / Afrobeats capital of the world, there has also been increased use of vulgar lyrics which can be considered to be merely creative but have raised concern about the creative license of artistes viz-a-viz criminal intent, acts and possibility of criminal prosecution in the event of crime.
Back in 2013, Wizkid released a Maleek Berry produced track, “The Matter” where he sang: “Dem say dem bad, but I swear dem do nothing oh-eh / Dem say dey go throw me punch, but I swear dem nor reach oh-eh / 20 man shall fall that day if you cross my lane oh-eh / All your man shall fall that day if you cross my lane.” This was a veiled threat at industry opps; particularly a well-known rival who he claims would “Fall” if he crosses his lane.
These types of lyrics are often deployed in industry feuds, beef, and rivalry with fellow artistes and are not entirely new. However, with the emergence of criminal prosecution based on well-known lyrics as is the case in more developed climes, what happens when harm actually befalls rivals who the lyrics are targeted at? Does this become ground for criminal prosecution against an artiste who was just exercising his creative license to compete against a rival? These are some of the issues that need to be considered when artistes put out music.
More recently, Burna Boy on his latest album, “No Signs of Weakness” sang on the titular second track, “The likkle frog better not jump up and leap / The .44 gon’ make am slumber and sleep / See, the perimeter to the governor them reach.”
.44 caliber refers to a family of firearm cartridges and firearms, particularly revolvers, with a bullet diameter of .44 inches. 44 is also the nickname of a deceased associate of a well-known rival. The above quoted lyrics denote death by firearm with boast of no consequence, as the governor uncle of the known rival will be fenced off. This is a very weighty threat, which calls for caution in light of the subject of discussion.
The admissibility of lyrics is increasingly become an area that legal experts and jurists will have to adjudicate and consider in years to come as they have become increasingly relevant in the prosecution of certain crimes, particularly murder. The place of creative license will also need to be considered as the line between creativity and reality thins out. Legislators need to make laws that protect the interest of entertainers to avoid implication by rivals and foes while criminal investigators need to seek continuous professional development, more forensic training and improvement of their listening skills to help them effectively prosecute violent crimes.
On a final note, musicians need to be put in more effort into their A&R (Artists and Repertoire) to improve the quality of music that they churn out and to filter out lyrics that may be deemed vulgar, implicative or violent. The world as we know it is fast changing and all relevant stakeholders need to adapt to meet up with the 21st century standards and to protect themselves and their citizens legally!
This Article was written by James Abati, a lawyer and businessman in Lagos, Nigeria. He may be reached at james.abati@yahoo.com.