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

Nicki Minaj Wants Jury to Resolve Copyright "Who Done It?"

The hip-hop star fights Tracy Chapman's allegation of leaking an unauthorized song by explaining away damning evidence and suggesting a different culprit — Nas?

"I love a good mystery story," opens a new legal memorandum from Nicki Minaj. "Don't you? That is what this case is: a good mystery story."

It's now time for more in the heavyweight copyright battle between Tracy Chapman and Nicki Minaj over the latter's "Sorry," which was derived without permission from Chapman's "Baby Can I Hold You." Earlier this month, Minaj took the position in a summary judgment motion that her demo recording made fair use of Chapman's copyright. To hold otherwise, her lawyers argued, would be to ruin the ability of artists to experiment in the studio. It would mean that musicians would need a license before even creating a work. A cute argument surely, and one that sparks a solid rebuttal, but what about how "Sorry" got leaked to Funkmaster Flex, who had a popular radio show in New York? Isn't Minaj liable for that?

In Minaj's latest court papers (read here), she goes back to how in early Aug. 2018, just days before the release of Queen, she sent Flex a private message on Instagram teasing "Sorry," the song recorded with hip-hop superstar Nas that she couldn't clear for the album. Specifically, Minaj wrote the New York DJ: "Hey. I got a record I want u to world premier. The week [the] album drops. U will be the only one with it. I'll have jean hit u to explain. Keep it on the low. Wait til u see who's on it. Not going on album either. No one will get it."

A week later, "Sorry" did premiere on New York radio, and it was then posted by the radio station on the Internet. Chapman kept issuing DMCA takedown notices and is now in the midst of a copyright case that her lawyers call a "textbook example of willful copyright infringement."

Isn't the Instagram conversation proof? Well, not so fast, says Minaj.

"At the time I sent these messages, I intended to send Flex a copy of Sorry to play on his radio program," she testified. "That day, however, I had a change of heart. I never sent the recording."

Minaj added that when she learned that Flex had gotten a copy, she told him, "You can only play official album material sir."

Flex testified that he received the recording from one of his "bloggers." One recording engineer in the studio with Minaj and Nas confirmed that he didn't pass along "Sorry" to Flex. Given all this, Minaj's attorney Peter Ross writes that the "evidence, in many instances directly contradicts Chapman's story" that Minaj passed along the contraband. It "leaves open many possibilities as to 'who done it?'"

Is a trial appropriate? Minaj's attorneys seems to suggest it is. They're even hinting as possible other culprits.

"We do not know to whom management, the record label, or the clearance team may have sent a copy," continues a summary judgment opposition. "And Nas had a copy, as Chapman notes in her own motion. He, of course, would be an obvious target, if Flex and his interns were reaching out to a source to find the recording."

 
Interesting

Action Bronson used a Tracy chapman sample on Amadu diablo
That shit was tight too
:ipod::dance2:

rUblhI.jpg
 
I'm saying it is BUT

for the way they saying Tracy so SELECTIVE?

She let Nice and Smooth have it and I KNOW she took ALL the publishing

however she gave it to Action who isn't exactly spitting some positive on that track...

and she told Nicki basically F*CK NO on ANY TERMS

Interesting....
I know. But fuck Nicki though. Her shits trash. :itsawrap: I can't cape for that cuzo. :smh:

TdXoKo.jpg
 
@ViCiouS

Nicki Minaj Scores Win in Legal Battle With Tracy Chapman
By Chris Murphy@christress
Photo: Getty Images

Nicki Minaj is one step closer to freedom from her legal dispute with singer-songwriter Tracy Chapman. On Thursday, September 17, Judge Virginia A. Phillips ruled that Minaj did not engage in copyright infringement in her unreleased song “Sorry,” which samples Chapman’s song “Baby Can I Hold You.” In 2018, Chapman sued Minaj claiming that Mrs. Petty never had permission to use her song, but Judge Phillips ruled in favor of Minaj, citing the fair-use doctrine. “Artists usually experiment with works before seeking licenses from rights holders and rights holders typically ask to see a proposed work before approving a license,” wrote Phillips in her decision. “A ruling uprooting these common practices would limit creativity and stifle innovation within the music industry.”

Although Minaj won the battle, the legal war with Chapman is not finished yet. While Minaj never officially released “Sorry,” despite publicly asking to Chapman for permission to use her song on her album Queen, the track did leak online after Funkmaster Flex played the song on the radio in August 2018. The court now must determine whether Minaj infringed upon Chapman’s rights by distributing the song over the radio. Until that day, Minaj is free to experiment with other artist’s samples, but we would suggest that she avoid “Fast Car,” for obvious reasons.
 
Nicki Minaj agrees to pay Tracy Chapman $450,000 to settle copyright lawsuit
Chapman sued Minaj for sampling her song Baby Can I Hold You on the 2018 track Sorry, even after the rapper was denied permission. “As a songwriter and an independent publisher I have been known to be protective of my work,” Chapman said.


Nicki Minaj Reaches Settlement With Tracy Chapman in ‘Sorry’ Lawsuit
Rapper agrees to pay $450,000 to singer to avoid copyright infringement trial
https://www.rollingstone.com/music/...acy-chapman-settlement-sorry-lawsuit-1111631/

Nicki Minaj and Tracy Chapman have reached a settlement to avoid trial in the copyright infringement lawsuit over the rapper’s leaked track “Sorry,” which interpolated Chapman’s “Baby Can I Hold You” without permission.
According to court documents obtained by Rolling Stone, Minaj agreed to pay Chapman $450,000, “inclusive of all costs and attorney fees incurred to date,” stemming from the October 2018 lawsuit. Reps for Minaj and Chapman did not immediately respond to Rolling Stone’s request for comment, but Chapman said in a statement to the New York Times, “As a songwriter and an independent publisher I have been known to be protective of my work. I have never authorized the use of my songs for samples or requested a sample. This lawsuit was a last resort.” A lawyer for Minaj also told the New York Times, “We settled for one reason only. It would have cost us more to go to trial.” The news was first reported by The Hollywood Reporter.

Minaj recorded the Nas-featuring “Sorry” for her 2018 album Queen, but ultimately left the track off the LP after Chapman denied multiple attempts to clear the sample. “Sis said no,” Minaj said of the clearance issue in a since-deleted tweet; during recording, Minaj was reportedly unaware that Shelley Thunders’ “Sorry,” the track that inspired her own “Sorry,” was itself an interpolation of “Baby Can I Hold You.”

Prior to the release of Queen, the rapper made a public plea on Twitter for Chapman to clear the sample. “So there’s a record on #Queen that features 1of the greatest rappers of all time,” she wrote in a series of since-deleted tweets, referencing Nas. “Had no clue it sampled the legend #TracyChapman—do I keep my date & lose the record? Or do I lose the record & keep my date? ‍Do we push #Queen back 1week? Ugh! I’m torn, y’all help. Tracy Chapman, can you please hit me. omg for the love of #Queen.”

However, the track was leaked by Hot 97 DJ Funkmaster Flex, and its spread on the internet soon after resulted in Chapman’s copyright infringement lawsuit. “Tracy Chapman very much protects her rights and she has a right to deny a license when requested,” Chapman’s longtime lawyer Lee Phillips told Rolling Stone at the time. “There’s no question that this is infringement. If you ask what Nicki Minaj’s defense going to be, we have no idea.”

Minaj formally denied committing copyright infringement in court documents filed in February 2019, and in September 2020, a judge overseeing the lawsuit agreed, saying that Minaj did not commit copyright infringement in sampling the Chapman track and noting that “Sorry” constitutes “fair use.” However, the judge said the lawsuit would still go to a trial by jury, which the settlement avoided

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that's right, pay up heffa! :lol:
 
Nicki Minaj agrees to pay Tracy Chapman $450,000 to settle copyright lawsuit

Chapman sued Minaj for sampling her song Baby Can I Hold You on the 2018 track Sorry, even after the rapper was denied permission. “As a songwriter and an independent publisher I have been known to be protective of my work,” Chapman said.



@ViCiouS
 
Nicki Minaj agrees to pay Tracy Chapman $450,000 to settle copyright lawsuit
Chapman sued Minaj for sampling her song Baby Can I Hold You on the 2018 track Sorry, even after the rapper was denied permission. “As a songwriter and an independent publisher I have been known to be protective of my work,” Chapman said.


Nicki Minaj Reaches Settlement With Tracy Chapman in ‘Sorry’ Lawsuit
Rapper agrees to pay $450,000 to singer to avoid copyright infringement trial
https://www.rollingstone.com/music/...acy-chapman-settlement-sorry-lawsuit-1111631/

Nicki Minaj and Tracy Chapman have reached a settlement to avoid trial in the copyright infringement lawsuit over the rapper’s leaked track “Sorry,” which interpolated Chapman’s “Baby Can I Hold You” without permission.
According to court documents obtained by Rolling Stone, Minaj agreed to pay Chapman $450,000, “inclusive of all costs and attorney fees incurred to date,” stemming from the October 2018 lawsuit. Reps for Minaj and Chapman did not immediately respond to Rolling Stone’s request for comment, but Chapman said in a statement to the New York Times, “As a songwriter and an independent publisher I have been known to be protective of my work. I have never authorized the use of my songs for samples or requested a sample. This lawsuit was a last resort.” A lawyer for Minaj also told the New York Times, “We settled for one reason only. It would have cost us more to go to trial.” The news was first reported by The Hollywood Reporter.

Minaj recorded the Nas-featuring “Sorry” for her 2018 album Queen, but ultimately left the track off the LP after Chapman denied multiple attempts to clear the sample. “Sis said no,” Minaj said of the clearance issue in a since-deleted tweet; during recording, Minaj was reportedly unaware that Shelley Thunders’ “Sorry,” the track that inspired her own “Sorry,” was itself an interpolation of “Baby Can I Hold You.”

Prior to the release of Queen, the rapper made a public plea on Twitter for Chapman to clear the sample. “So there’s a record on #Queen that features 1of the greatest rappers of all time,” she wrote in a series of since-deleted tweets, referencing Nas. “Had no clue it sampled the legend #TracyChapman—do I keep my date & lose the record? Or do I lose the record & keep my date? ‍Do we push #Queen back 1week? Ugh! I’m torn, y’all help. Tracy Chapman, can you please hit me. omg for the love of #Queen.”

However, the track was leaked by Hot 97 DJ Funkmaster Flex, and its spread on the internet soon after resulted in Chapman’s copyright infringement lawsuit. “Tracy Chapman very much protects her rights and she has a right to deny a license when requested,” Chapman’s longtime lawyer Lee Phillips told Rolling Stone at the time. “There’s no question that this is infringement. If you ask what Nicki Minaj’s defense going to be, we have no idea.”

Minaj formally denied committing copyright infringement in court documents filed in February 2019, and in September 2020, a judge overseeing the lawsuit agreed, saying that Minaj did not commit copyright infringement in sampling the Chapman track and noting that “Sorry” constitutes “fair use.” However, the judge said the lawsuit would still go to a trial by jury, which the settlement avoided

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that's right, pay up heffa! :lol:


I'm stil confused what Nicki defensive was?

She used the sample without permission

Case closed

This aint new.

And wtf the barbs mad about?
 
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