Judge Rules in Favor of Nicki Minaj in Tracy Chapman Copyright Dispute

[Fade]

Well this is interesting!

Judge Rules in Favor of Nicki Minaj in Tracy Chapman Copyright Dispute

A judge found Nicki Minaj did not commit copyright infringement when she created a song based on Tracey Chapman's "Baby Can I Hold You."

variety.com

“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,” the judge wrote. “A ruling uprooting these common practices would limit creativity and stifle innovation within the music industry.”

So basically with this ruling that means I can sample something without permission and "leak" it online and I'm in the clear? That doesn't make sense. This just further complicates the whole sampling legality issues.

 

[thedreampolice]

I’m a MASSIVE Tracy Chapman fan and I really dislike Nicki Minaj but I do kinda agree with her lawyers. She didn’t release the song and hasn’t made a dime off it.

 

[Fade]

I’m a MASSIVE Tracy Chapman fan and I really dislike Nicki Minaj but I do kinda agree with her lawyers. She didn’t release the song and hasn’t made a dime off it.

She still used it. Sure she didn't release it to profit but she still used it. The way I see it is this case basically tells all people that sample that it's okay, just leak your beat and all is good. I can definitely see this being used in future cases. If I was a lawyer I'd be referencing this case all the time.

Above all else, the true crime is Nicki's version is pure garbage. Tracy Chapman's song is SO good!

 

[thedreampolice]

“Above all else, the true crime is Nicki's version is pure garbage. Tracy Chapman's song is SO good!”

these are facts. Lmao

but no money was made so what kind of damages can they sue for??

 

[Fade]

I understand what you're saying but it's the fact that this can definitely sway lawsuits about copyright. It remind me of years ago when Lord Finesse sued Mac Miller because he used Finesse's entire instrumental, rapped on it and then put it on a mixtape. Miller was saying that he's got all kinds of respect for Finesse and all that, but he still took the whole thing.

Now, with both cases it's because they weren't released and/or profited off of, but nonetheless it was sampled. If I sample something and put it on various social media sites (Youtube mainly), it will get flagged for copyright infringement and may be blocked. Even though I'm not profiting from it, it gets flagged. So I look at it that way. She's using Chapman's song to promote her song, profiting or not. I think that can definitely be argued in future cases. Not just that, but what if she starts doing her leaked version at her live shows? What's stopping her from doing that?

This opens up the whole "fair use" argument, and further creates this whole grey area when it comes to sampling. I think I could have easily gone another way with another judge.

The bottom line is it just also sucks to see a trash "artist" take an original song and shit out diarrhea.

 

[Iron Keys]

Meanwhile Pharrell got successfully sued for copying a 'feeling' GG

 

[Iron Keys]

what if she starts doing her leaked version at her live shows?

I don't think there's actual thing stopping you performing songs, except you'd have to pay performance royalties??

Whereas copyright in this sense is more 'mechanical copyright' - which is the right to make copies of a tangible recorded piece. In that sense, you shouldn't be able to - as you say, the same reason you'll get flagged onYouTube.

I know they keep changing the rules tho to try keep up with current times, it kinda favours people making ripoff youtube vids, tho this doesn't protect original creators like it should.

I dunno if still the case... but if you were going to get your CD manufactured, you'd need a license to prove you have the right to make copies of your own stuff. Sounds weird, but it was called like a "no-licence licence" or something. ha

 

[OGBama]

The @Fade @thedreampolice and @Iron Keys mindfuck of copyright law is the worst thing to happen to the music business and I'm sick of trash (c)rappers mining other people's work to express themselves.

 

[thedreampolice]

Usually the venue is responsible for performance royalties and as far as I know they just pay a blanket yearly fee. The songs are not actually tracked individually, i don’t even know how you could track all that and pay it out.

 

[2GooD Productions]

Like DP said, no money was made so what can they sue for?

 

[DPrezd Beggar]

I kinda perceive it as jealousy. All this copyright shit isnt about music its only money. When someone uses "your" shit and just bangs the scene and makes millions off it, be it, the artist was just using "your" shit better than you did.

All this shit with sueing this and sueing that has just vulture vibes. IMO

Imagine having copyrights on frequencies.