Cops Sue Afroman Alleging "Lemon Pound Cake" Violates Their Right Of Publicity

JurisdictionUnited States,Federal,Ohio
Law FirmFrankfurt Kurnit Klein & Selz
Subject MatterMedia, Telecoms, IT, Entertainment, Privacy, Privacy Protection, Media & Entertainment Law, Advertising, Marketing & Branding, Music and the Arts, Social Media
AuthorMr Brian Murphy
Published date13 April 2023

In Saturday Night Live's cold open last weekend, the newly indicted Donald Trump (played by James Austin Johnson) announced his latest scheme to raise funds for his legal defense: an album of covers of some of the greatest pop songs of all time. Given the real-world success of "Justice for All" - a unique (?) track by the J6 Prison Choir that features Trump reciting the Pledge of Allegiance - the premise isn't so far-fetched. In the sketch, the former president sings "Islands in the Stream" with Don King (played by Kenan Thompson), "Boy's a Liar" with Donald Trump, Jr. (played by Mikey Day), and (finally) "Because I Got High" with Afroman (played by Devin Walker).

How did Afroman make the cut? Here is how Trump explains it:

"Uh oh. Who's this? It's a man who, like me, was illegally raided, and he's turning it into big bucks: Afroman!"

For those who weren't paying close attention to entertainment news last week, the joke may not have landed. Let me explain.

Afroman: Then and Now

Afroman (born Joseph Edgar Foreman) achieved a degree of fame in the aughts when he released "Because I Got High," a wonderfully silly rap song that he reportedly penned in less than five minutes and that has become an anthem (of sorts) for stoners of a certain age. The track helped earn Afroman a Grammy nomination and, to this day, remains on Rolling Stone's list of The 20 Greatest Songs About Weed.

Last August, the Sheriffs in Adams County, Ohio, executed a search warrant and raided Afroman's house on suspicion of drug trafficking and kidnapping. Ultimately, the cops found nothing, and no charges were filed. Afroman contends, however, that the officers caused $20,000 of damage to his house and stole cash from him (a charge the Sheriff's Office denies). His ex-wife and children live nearby and recorded the raid on a cell phone, and additional footage was captured by Afroman's home surveillance cameras.

About a month later, Afroman released Lemon Pound Cake, a new album with songs about the raid. The eponymous single "Lemon Pound Cake" describes a moment during the raid (captured on surveillance) when the attention of one of the officers, upon entering Afroman's kitchen with his gun drawn, appears to linger (lovingly?) on a domed cake plate on the counter, the kind you would expect to find in Martha Stewart's house. These are the song's opening lyrics:

The music video for "Lemon Pound Cake" incorporates that and other footage from the raid. For your viewing pleasure:

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