Music Legal: Tracy Chapman Has Reportedly Sued Nicki Minaj for Never Clearing That Sample UPDATE! She settled for 450K

[playahaitian]

Tracy Chapman Has Reportedly Sued Nicki Minaj for Never Clearing That Sample
By Dee Lockett

Minaj/Chapman. Photo: Getty Images

One of the many reasons Nicki Minaj blamed for the delay of Queen was herfailure to find Tracy Chapman to clear a sample of one of her songs for a track on the new album. Ultimately, that song, “Sorry,” featuring Nas, leaked online the day after the album’s August release,premiered on Funkmaster Flex’s radio show, and was then put on YouTube. (“Sis said no,” Minaj tweeted and deleted about the sample after the song’s release.) TMZ now reports that Chapman is suing for copyright infringement because Nicki still never cleared the sample, which is an interpolation of Shelly Thunder’s “Sorry” which itself samples Chapman’s 1998 song “Baby Can I Hold You.” (Chapman argues that “Sorry” uses “half of the lyrics and vocal melody” of “Baby.”)

According to Chapman, Minaj’s team did successfully get in touch with her in June to make “multiple requests” to use the song, all of which Chapman declined. Chapman alleges in her suit that because Flex was permitted by Minaj’s team to play the song, it was then widely spread without Chapman’s consent. She’s now reportedly suing for damages and wants to prohibit Minaj from further releasing the song.

 

[playahaitian]

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[playahaitian]

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[playahaitian]

https://www.billboard.com/articles/news/8481330/tracy-chapman-sues-nicki-minaj-sorry

Tracy Chapman Sues Nicki Minaj Over 'Sorry,' Lawyer Says 'There's No Question This Is an Infringement'
10/23/2018 by Gil Kaufman

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Gary Clark/FilmMagic
Tracy Chapman performs at Hampton Court Palace in Richmond upon Thames, Great Britain.
Three months after Nicki Minaj's Queen album was reportedly delayed over a sample-clearance issue, the dispute has landed in court. Tracy Chapman's lawyer tells Billboard that he filed a copyright infringement suit against Minaj in Los Angeles on Monday (Oct. 22) over the unreleased Queen track "Sorry" featuring Nas, which interpolates the lyrics and melody of Chapman's 1988 track "Baby Can I Hold You."

Minaj's team made multiple requests to license the song from Chapman's self-titled debut, but according to the singer's longtime attorney, Lee Phillips, "Tracy Chapman very much protects her rights and she has a right to deny a license when requested." Phillips adds that Chapman has received potentially "hundreds" of requests over the decades to sample or interpolate her music and that, as far as he knows, she has never granted a single one. In this case, it had nothing to do with Minaj or the quality of her song -- which Phillips believes samples another singer performing "Baby" in what sounds like a live recording -- but is rather tied to the very private Chapman's blanket policy on sampling.

The suit, filed against Minaj (born Onika Maraj) and 10 other unnamed defendants, explains that Chapman's reps "repeatedly denied" Minaj's requests to use the song after "Sorry" had already been recorded and that the track was then leaked to New York DJ Funkmaster Flex, who teased on social media that Nicki had given him something "ft @Nas" that is "not on her [Queen] album." The song was then played on Hot 97, and according to Phillips, quickly spread across the Internet.

"This action is necessary to redress Maraj's disregard and willful infringement of Chapman's rights under the Copyright Act, and to ensure that her misconduct is not repeated," the suit reads. Because "Sorry" clearly "incorporates the lyrics and vocal melody of the Composition, its most recognizable and memorable parts," comprising "approximately half the Infringing Work," without authorization, Phillips was forced to file the suit on his client's behalf once the song was played on the radio; the suit notes that "on or around" July 16, 2018, Chapman's business managers informed Minaj's team that they would not grant consent to use the song.




READ MORE
Nicki Minaj Teams With Nas for Tracy Chapman-Sampling Song 'Sorry': Listen


Minaj's manager then reportedly requested that Chapman's team reach out to discuss the "idea [of Maraj's] that is one of the most personal for her that was inspired by [Chapman's] art that [Maraj] would like the opportunity to touchbase (sic) with [Chapman] about. Minaj later also reached out to Chapman in a tweet -- Phillips says the singer does not have a social media presence -- and asked Chapman directly to clear the license for the song. Minaj's now-deleted "Sis said no" tweet from Aug. 11 may refer to Chapman refusing to clear the sample.

Following a series of tweets on Aug. 11, Flex (born Aston George Taylor Jr.) played the song on his Hot 97 show that night; the song was then reportedly played on Power 105's The Breakfast Club two days later. Because the song has now spread far and wide -- including to Nigeria -- Phillips says it has become difficult to track down every site that has posted it so far. The suit seeks to restrain Minaj for "copying or otherwise using or exploiting the Infringing Work" and to prevent third parties from doing so, as well as damages for Chapman from any profit Minaj makes from the track. Click here to see a copy of the suit.

"There is no question this is infringement," says Phillips, senior partner at Manatt, Phelps & Phillips, LLP. "If someone asked what Nicki Minaj's defense is going to be we have no idea."

A spokesperson for Minaj could not be reached for comment at press time.

 

[LSN]

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classic

 

[Race Harley]

Nicki's version is garbage too! I hope Tracy bankrupts her.

 

[ansatsusha_gouki]

I dont understand,why people think it's cool to steal other people's work,especially when they told you no.....

 

[playahaitian]

I dont understand,why people think it's cool to steal other people's work,especially when they told you no.....

this is MIND BOGGLING.

and with the MACHINE behind Nicki, why did they think they could just DO this?

was the song THAT good?

They were just willing to pay no matter what?

(these labels STILL got THAT kinda money?)

But to me if I was on the JURY...I would want her to get ALL the money.

Why?

Cause Chapman said NO...point blank period.

Nicki tried to BULLY her and shame her using social media tactics...

and because Chapman is old school and NOT on social media

Nicki thought she could pressure her (and her team)

Very happy to see that Chapman stood up.

Hope she gets ALL THE MONEY.

 

[mcguyver]

I hope He wins

 

[TEN]

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what the fuck??? One of the shittiest, garbage ass recordings of all time. Nas should thank all the goodness in the universe that this crap never got released. Wow.

 

[playahaitian]

what the fuck??? One of the shittiest, garbage ass recordings of all time. Nas should thank all the goodness in the universe that this crap never got released. Wow.

damn Nas did THIS song and aligns with Kanye and has that big public fight with Kelis...

but he DOES make millions with that electronic door camera....

guess it balances out?

 

[mrcmd187]

Record company will give Tracy some shut the fuck up money, artist cant be original anymore

 

[TEN]

but he DOES make millions with that electronic door camera....

im getting one of those lol

 

[ansatsusha_gouki]

this is MIND BOGGLING.

and with the MACHINE behind Nicki, why did they think they could just DO this?

was the song THAT good?

They were just willing to pay no matter what?

(these labels STILL got THAT kinda money?)

But to me if I was on the JURY...I would want her to get ALL the money.

Why?

Cause Chapman said NO...point blank period.

Nicki tried to BULLY her and shame her using social media tactics...

and because Chapman is old school and NOT on social media

Nicki thought she could pressure her (and her team)

Very happy to see that Chapman stood up.

Hope she gets ALL THE MONEY.

What makes it even worse,Nicki didn't even try to change it a little. Nicki if all people should know of all people should know that you dont steal another artist work. Hell,that's basically rule #1 for any artist.

 

[CPT Callamity]

I don't blame her...shit is garbage.

 

[DiGeneral]

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Shelly Thunder never recorded Sorry. It is a Foxy Brown (not the rapper) chune "Baby Can I Hold You Tonight". She also recorded another Chapman song "Fast Car"...


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[D24OHA]

What makes it even worse,Nicki didn't even try to change it a little. Nicki if all people should know of all people should know that you dont steal another artist work. Hell,that's basically rule #1 for any artist.

It's not Nikki's fault.... The song *leaked*... Someone at the label must have given it to flex... *sarcasm*


I hope Chapman wins, with all the fuck shit Nikki has been on as of late, she gotta take this L... Its karma

what the fuck??? One of the shittiest, garbage ass recordings of all time. Nas should thank all the goodness in the universe that this crap never got released. Wow.

The power of the P-U-S-S-Y......

 

[An RnB Thug]

It was supposed to be on Her album and it was pulled
Cause they didn't get clearance. Somebody from the label gave it to the radio stations
So they were named in the suit along with the artist. After she found out they played it
She Tweeted them that Tracy didn't give clearance (that they shouldn't be playing it)

 

[LSN]

Shelly Thunder never recorded Sorry. It is a Foxy Brown (not the rapper) chune "Baby Can I Hold You Tonight". She also recorded another Chapman song "Fast Car"...


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damn I remember this version...shit...idk who’s right but I know it won’t tracy dykeman or fuck ass nicki minaj

*edit*

yooo the instrumental portion has my house shaking...ridiculous

 

[TheBigOne]

classic

Shelly says that's Foxy Brown, not her

 

[Drayonis]

I hope He wins

 

[playahaitian]

What makes it even worse,Nicki didn't even try to change it a little. Nicki if all people should know of all people should know that you dont steal another artist work. Hell,that's basically rule #1 for any artist.

rumor is even after ALL THIS?

Chapman wasn't even going to waste the energy...

but Nicki fans (I guess they called Bards?) kept harassing her for NOT giving clearance

and then told her HA HA we did it anyway after the fact

Chapman was like f*ck that.

Legal.

 

[playahaitian]

I hope He wins

now that was a little uncalled for.

 

[playahaitian]

Shelly Thunder never recorded Sorry. It is a Foxy Brown (not the rapper) chune "Baby Can I Hold You Tonight". She also recorded another Chapman song "Fast Car"...


​

 

[LSN]

I hope He wins

now that was a little uncalled for.

lol

 

[playahaitian]

 

[playahaitian]

hold on...

I think some people are confused here...

the ORIGINAL song and lyrics were written by Chapman...

then latter covered in a dance-hall reggae track by Foxy Brown (NOT the rapper)

Chapman supposed to get her money REGARDLESS

 

[The Plutonian]

So....nobody noticed Tracy looking rough huh? Ok

 

[donwuan]

There's no profit from the song if it wasn't released. You can't just sue because the shit got played in public.

 

[exiledking]

Shelly Thunder never recorded Sorry. It is a Foxy Brown (not the rapper) chune "Baby Can I Hold You Tonight". She also recorded another Chapman song "Fast Car"...


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Exactly. Wasn't no damn Shelley thunder. Biggup on the post.

 

[daking181]

Y'all dudes is bugging. If nicki ain't made no money from the song (it's not on the album) what is she using for? That's like ANY artist suing a rapper for sampling and putting it on a mixtape. You guys hate for Nikki sure is blinding your judgment. AND no I'm not a nikki fan at all

 

[Hotlantan]

There is no *IF* question about copyright infringement - there is a paper trail of requests and denials. And the track "leaked" as a way to promote Nicki concurrent to the new album release, so Tracy will definitely get awarded damages whether or not the infringed track was for monetary "sale".

The bigger question is to how much punitive damage may be awarded/negotiated to deter future "leaks" when a copyright holder's rights and wishes are ignored. For the BGOL youngsters, here 's a history lesson that Nicki and her "people" apparently forgot...

Biz Markie gets the copyright smackdown
http://www.ethanhein.com/wp/2009/biz-markie-gets-the-copyright-smackdown/
https://en.wikipedia.org/wiki/Grand_Upright_Music,_Ltd._v._Warner_Bros._Records_Inc.

 

[OutlawR.O.C.]

Since it wasn't officially released she could have a hard time proving that the song was put out by Nicki or her people.

 

[the artist]

So....nobody noticed Tracy looking rough huh? Ok

What's new?

 

[OutlawR.O.C.]

So....nobody noticed Tracy looking rough huh? Ok

Can you post a picture where she doesn't look rough?

She's looked rough for over thirty years at this point so it isn't as if it will jump out at you.

Tracy Chapman's looks are that drunk uncle or annoying cousin that always shows his ass at the family picnic that everybody knows to ignore since you're used to it.