Nicki Minaj sued by Tracy Chapman; judge orders her to pay $450,000

[nekoocz]

There comes another cancelled concert, third one already

[Wayne]

Nicki Minaj pays Tracy Chapman $450,000 after copyright case

Rapper Nicki Minaj will pay singer Tracy Chapman $450,000 (£332,000) to settle a copyright dispute after sampling one of her songs.

Chapman sued Minaj in 2018, saying she had used portions of Baby, Can I Hold You Tonight in her song Sorry.

Although the song was never released, a leaked version made its way to radio DJ Funkmaster Flex and went viral online.

Chapman accused Minaj of sharing the song with Flex, although both have denied that version of events.

'Creativity at risk'

Minaj wrote Sorry with fellow rapper Nas while recording her fourth album Queen in 2018.

It was based on a sample of the dancehall track Sorry by Jamaican artist Shelly Thunder. Unbeknownst to Minaj, that song was based on Baby, Can I Hold You Tonight, from Chapman's Grammy-winning 1988 debut album.

After discovering the connection, Minaj and her record label sought permission to use Chapman's composition, but the singer-songwriter repeatedly refused.

The singer's lawyer said she has a blanket policy against granting such permission. One of the clearance specialists working for Minaj was also said to have known Chapman was on an unofficial "do not sample" list.

In an earlier judgement, US District Judge Virginia A Phillips ruled that Minaj's experimentation with Chapman's song in the studio constituted "fair use".

In doing so, she sided with the rapper's lawyers, who argued that artists need to be free to sample music while writing and recording, without worrying about being sued once they approach the rights-holder for a licence.

"Such free-flowing creativity is important to all recording artists, but particularly in hip-hop," Minaj's team argued.

"With that category of music, a recording artist typically goes into the studio and experiments with dozens of different 'beats' or snippets of melodies, before hitting upon a pleasing combination."

Judge Phillips agreed that "a ruling uprooting these common practices would limit creativity and stifle innovation within the music industry".

She added that there was "no evidence" that Minaj's song "usurps any potential market for Chapman" and her original song, a searingly personal guitar ballad.

However, the judge set up a trial to explore how Sorry came to be leaked and distributed, and whether that constituted copyright infringement.

That trial will no longer take place after Chapman accepted Minaj's offer. The settlement includes Chapman's costs and legal fees to date, according to documents made public by the California Central District Court.

https://www.bbc.co.uk/news/entertainment-arts-55591957

Deserved.

[Goldmoney]

Good.

[menime123]

I do believe this though:

In doing so, she sided with the rapper's lawyers, who argued that artists need to be free to sample music while writing and recording, without worrying about being sued once they approach the rights-holder for a licence.

The problem here for me is the issue of tracks leaking. In principle, an artist should be free to create whatever work they want in private and have the freedom to share it discreetly with peers to find out if a song is ‘worth perusing’ - you won’t need to bother applying for rights to a sample if you opt not to proceed.

Even if rights are refused, there shouldn’t be an obligation to delete the work either - it’s not commercially available. So I kind of wish this had gone to court so we could see if Nicki shared it after she was refused rights, and to potentially explore the legalities behind leaked tracks more

[SholasBoy]

All Nicki’s earlier albums were full of samples that I’m sure didn’t get permission, and for instance Lil Kim’s Black Friday sampling Nickis “Right Thru Me” as well as countless other diss tracks. Lil Mama couldn’t get clearance to release “Sausage” but she still put it on YouTube, so what’s the difference between that and getting a half million dollar lawsuit?

[InFamous]

There is a Mariah Carey song out there also that had to be left off an album cos the sample was refused but it is on youtube. Can't remember which song. So I guess it is up to the artist in question if they want to sue or not. Didn't Des'ree sue Beyonce also over her using parts of I'm kissing you without permission. Beyonce went ahead and released it even thought she had no permission. Des'ree also took down Janet Jackson over Got Till its gone.

[SholasBoy]

Beyonce went ahead and released it even thought she had no permission.

Summing up Beyonces whole career

[InFamous]

Summing up Beyonces whole career

[SpyVsSpy]

Good for Tracy. What’s wrong is wrong,

[SholasBoy]

The shade of letting Ronan Keating have your song but not Nicki.

[InFamous]

The shade of letting Ronan Keating have your song but not Nicki.

The fact that Traci's version flopped and Boyzones version was a big hit is even worse

[SholasBoy]

Also what about the many many various poor versions of Fast Car?!

[menime123]

There is a Mariah Carey song out there also that had to be left off an album cos the sample was refused but it is on youtube. Can't remember which song. So I guess it is up to the artist in question if they want to sue or not. Didn't Des'ree sue Beyonce also over her using parts of I'm kissing you without permission. Beyonce went ahead and released it even thought she had no permission. Des'ree also took down Janet Jackson over Got Till its gone.

I’ve never understood the Beyoncé one. My understanding is anyone is allowed to record a cover of an existing song, so had she just done a straight up cover and not changed the name of the song everything would have been fine.

[InFamous]

I’ve never understood the Beyoncé one. My understanding is anyone is allowed to record a cover of an existing song, so had she just done a straight up cover and not changed the name of the song everything would have been fine.

Nah you still have to get permission to record and release a cover of someone else's work.
At least I assumed so.

[menime123]

Nah you still have to get permission to record and release a cover of someone else's work.
At least I assumed so.

No, anyone can record a cover of any song.

[InFamous]

No, anyone can record a cover of any song.

Oh I had no idea about that. That makes sense now though as I couldn't believe that Mariah Carey gave Idina Medzil permission to cover All I want for Christmas is you. Turns out she didn't need permission.

[menime123]

Oh I had no idea about that. That makes sense now though as I couldn't believe that Mariah Carey gave Idina Medzil permission to cover All I want for Christmas is you. Turns out she didn't need permission.

I think the rules are the song needs to have the same title and cannot be significantly altered - I’m not sure you can turn a disco track into a ballad and call it a cover.

[InFamous]

I think the rules are the song needs to have the same title and cannot be significantly altered - I’m not sure you can turn a disco track into a ballad and call it a cover.

That makes sense I guess.

[nekoocz]

That makes sense I guess.

so it’s cover only when the same genre of music?
even a disco turned into balad is still a cover if it’s the same song.

[nekoocz]

Oh I had no idea about that. That makes sense now though as I couldn't believe that Mariah Carey gave Idina Medzil permission to cover All I want for Christmas is you. Turns out she didn't need permission.

There should be someone who owns the rights, you can’t just take someones intelectual property and make it yours.

[InFamous]

There should be someone who owns the rights, you can’t just take someones intelectual property and make it yours.

If it is true I think it is complete insanity that someone can do a cover of your song without permission but it seems to be true.

https://www.theguardian.com/music/mu...he%20recording.

[menime123]

There should be someone who owns the rights, you can’t just take someones intelectual property and make it yours.

Anyone can cover any song as long as that song is already commercially available. You might have to get a license depending on how you want to release your cover and where, but the overriding principle is that no one can stop you recording or releasing a cover.

[nekoocz]

Anyone can cover any song as long as that song is already commercially available. You might have to get a license depending on how you want to release your cover and where, but the overriding principle is that no one can stop you recording or releasing a cover.

So you may record a cover, but not release it ...

there is a czech/polish artist who recorded a Czech version of ‘all about that bass’ but she is not allowed to perform it on TV or internet, she can only perform it live.
another 2 artists recorded a Czech version of ‘empire state of mind’ once it was getting popular it was suddenly blocked online and removed from radios.

honestly, you can believe you can just simply take someones work and just make it yours. Someone must own any rights.

[menime123]

So you may record a cover, but not release it ...

there is a czech/polish artist who recorded a Czech version of ‘all about that bass’ but she is not allowed to perform it on TV or internet, she can only perform it live.
another 2 artists recorded a Czech version of ‘empire state of mind’ once it was getting popular it was suddenly blocked online and removed from radios.

honestly, you can believe you can just simply take someones work and just make it yours. Someone must own any rights.

They can’t stop you releasing it. In the US/UK you need a license but no one can stop you having the license. So anyone can record and release a cover song. Just google ‘how to release a cover song’ and you’ll have all the answers you need.

[Wayne]

Anyone can cover any song as long as that song is already commercially available. You might have to get a license depending on how you want to release your cover and where, but the overriding principle is that no one can stop you recording or releasing a cover.

But you surely can’t make money off someone else’s intellectual property - covering it, fine I get it but not releasing a song to make money off it?