In April 2024, the music industry witnessed a groundbreaking legal confrontation when Drake released “Taylor Made Freestyle,” a diss track targeting Kendrick Lamar. The controversy stemmed from Drake’s use of AI-generated vocals mimicking Tupac Shakur and Snoop Dogg without authorization. Tupac’s estate, managed by Tom Whalley, promptly issued a cease-and-desist letter, asserting that the unauthorized use of Tupac’s likeness was a violation of the estate’s legal rights and an affront to the late rapper’s legacy.
But this is just the latest chapter in a longer legal saga.
Who Controls Tupac Shakur’s Estate?
When Tupac died in 1996 without a will, his mother, Afeni Shakur, became the heir and steward of his estate. She created a trust and appointed music executive Tom Whalley, a trusted family associate to manage the estate and its assets, including Amaru Entertainment, the label responsible for Tupac’s posthumous music.
After Afeni’s death in 2016, Whalley took over full control, but not without controversy.
The Legal Battle with Sekyiwa Shakur
In 2022, Tupac’s half-sister Sekyiwa Shakur filed a lawsuit against Tom Whalley, accusing him of financial misconduct. She wrote, “He has effectively embezzled millions of dollars for his own benefit,”. Sekyiwa’s legal team argues there’s a major conflict of interest in Whalley serving as both executor of the estate and head of the company profiting from Tupac’s music. Whalley denies the allegations and maintains he was handpicked by Afeni and is acting in the best interests of the estate.
Major Wins and Ongoing Disputes
Recently, the estate successfully reclaimed unreleased music and royalties in a lawsuit against Entertainment One. A judge ordered the company to return master recordings and pay six figures in unpaid royalties. And with the Drake AI incident, the estate has signaled that it’s taking a hard stance on unauthorized use of Tupac’s voice, name, and likeness, especially in a rapidly changing digital landscape.
Estate Planning Lessons from Tupac’s Legacy
This case is more than a celebrity headline. It offers critical takeaways for anyone interested in preserving their legacy:
- Have a Will or Trust: A clearly written estate plan can reduce future conflict and confusion.
- Define Fiduciary Roles Carefully: Appointing executors and trustees with clearly defined responsibilities can prevent conflicts of interest and legal disputes.
- Digital Legacy Management: In today’s world, digital likeness and voice cloning must be accounted for in estate planning.
- Proactive Legal Measures: As laws and technologies evolve, so should your plan.
If you have intellectual property, creative works, or even a social media presence, now’s the time to think about how it should be handled after you’re gone. Tupac’s estate shows just how complex and important these decisions can be.
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