An ongoing lawsuit between “Fast Car” singer Tracy Chapman and Nicki Minaj could have dire consequences for the Hip Hop industry as we know it.
Shortly after Black Barbie released Queen in 2018, she and Funkmaster Flex conspired to unveil a previously unheard song called “Sorry” featuring Nas on his Hot 97 show. The problem? The track, which ultimately wasn’t included on Queen, sampled Chapman’s song “Baby Can I Hold You.” Consequently, Chapman filed a lawsuit accusing Nicki of copyright infringement.
According to The Hollywood Reporter, Nicki’s attorney told a court on Monday (August 17) the outcome “will have a significant impact on the music recording industry, one way or the other.”
Chapman’s legal team explained Nicki’s actions were “indisputably willful” because Nicki’s reps sought a license to Chapman’s composition, knowing Chapman was on the unwritten “do not sample list.” Although Nicki and her team persisted, their request was rejected.
In August 2018, Nicki fired off a Hail Mary, tweeting, “I’m torn, y’all help. Tracy Chapman, can you please hit me. omg for the love of #Queen.” Again, her request wasn’t granted, but Funk Flex wound up playing “Sorry” on his show anyway and the song was soon everywhere.
Chapman’s attorney John Gatti believes this is a clear-cut case, explaining in a brief, “The facts are undisputed. Ms. Maraj [Nicki] violated Ms. Chapman’s copyright by creating an illegal derivative work and distributing that work. Moreover, these actions were indisputably willful. Ms. Maraj had knowledge of the illegality of her actions and proceeded. Thus, Ms. Chapman’s copyright claim is appropriate for summary judgment.”
Meanwhile, Nicki’s legal counsel is focused on whether there’s “any copyright infringement from the creation of the demo recording.”
“In the process of creation, no one approaches the original songwriter for a license to experiment,” the court brief reads. “The musicians just experiment. If something works, and the recording artist wants to release the song commercially, then the record label, managers, and attorneys get involved and seek the required permission.
“If it is granted, the recording is commercially released. If permission is denied, the recording is discarded; no one is harmed; and the experimentation begins anew. Recording artists require this freedom to experiment, and rights holders appreciate the protocol as well.”
Nicki Minaj Doesn't Think She Owes Tracy Chapman Anything For Leaked Nas Track
One of Nicki’s lawyers Eric George explained, “The plaintiff here, Tracy Chapman, wants to turn this process on its head.” It’s argued U.S. District Court Judge Virginia Phillips should rule Nicki’s demo recording of “Sorry” made fair use of copyright because it was “basically pure of purpose.” As the brief pointed out, “Indeed, creativity would be stifled, were artists required [to] seek and pay for a license before even experimenting with a work.”
Complicating the issue is Nicki herself released the song knowing the sample wasn’t cleared, but as the Grammy Award-winning rapper warned in court papers, “any legal loss for her on this subject should send a shiver down the spine of those concerned with the entertainment industry.”
She wasn’t authorised to use the sample, she leaked it anyway. Case closed, moving on…
Unfortunately, it’s not that simple. It’s a two-tiered issue, in which you’ve described one issue. The more important change would be whether or not the reasonable person is required to obtain a license to use another party’s record, prior to the experimentation or production process. The other party would be receiving a royalty up-front whether or not you decide to use any sort of sample for commercial use. This might also change the process for clearing a sample, which also may become a two-tiered process too. Quite interesting.
No, that’s the dumb argument Nicki’s lawyers are trying to make. Every artist knows that if you do use a sample, you get it cleared before you release it. Even she understood that, which is why she kept begging to let it go, and then in the end, she basically broke the law when she gave it to Flex. It didn’t leak out where somebody stole it. She can’t even lie and deny that she was the leak. Her dumb ass is on Twitter asking fans should she do it.
Yea this is all a trick to make nicki look like a victim when she straight up violated the rules. People have known the sampling rules forever and sometimes accidently break them. Take Mac Miller for example, early in his career when he performed his songs, he actually caught a few lawsuits because his songs used samples, even though he wasn’t selling the songs, he was propheting off of others work with the shows. The whole reason that you need clearance is to keep the original artists work uncrompimsed or to make sure the original artist gets paid. Nicki went through the process of getting the sample cleared and was denied. She then decided to release the track anyways. Case closed, no changes to the system needed.
Same happened to Frank Ocean with American Wedding
3 things it is “profiting” and secondly Mac Miller used a whole instrumental (ie Lord Finesse) not just a sample.
I am having a hard time accepting that Nas was on this garbage.
oof, and I know for Mac my point was he never sold the music in question but he made money off of it there for he violated the rules.
you seem to be someone that ACTUALLY understands what is going on, unlike some of these other comments….i think we all agree that nicki was in the wrong for putting the song out without permission…of course an artist should be compensated for their original work…thats not the argument here…the real gripe is the notion that I would have to pay for a license BEFORE I even sample….that to me is absolutely absurd and goes against the principles of music…if that were to pass that would change music forever…
SORRY
say no to piracy.
She shouldn’t have ever released it. There are thousands of songs people say we can’t ever release that because we didn’t get the clearance, but then they might leak out. She just ignored the direction to not sample and said fuck it and put it out. Tracy about to run those pockets.
For context. Pac sampled No Diggity and cut Toss It up to that beat originally. Of course, Dr. Dre and Black Street weren’t going to let him use their beat to diss Dre with, so it wasn’t cleared. Everyone knew it existed. Pac eluded to that he had recorded it before he got killed. It was known about for years, but Death Row, as grimy as they come in music, never put it out because they would have gotten sued and had to pay without that clearance. It came out because somebody stole the reel to reels and leaked years later.
source?
You can get the original on Youtube if you want to hear it. Pac said it in interviews. He recorded the song in August, so look for any interview he did the last month of his life. It’s why he says at the end of the song we took these suckers’ beat. It was originally the No Diggity beat straight up.
Nicki Minaj full of sh1t. If Tracey Chapman wins, it’s zero threat. U can create wat u want. But don’t get denied permission, then broadcast it, which requires royalties be paid .. except royalties cannot b paid cuz permission was never given. Nicki asked publicly, was refused, then released it all ova internet ! Dumbass !!!!! N now she crying saying if she loses everyone else in hip hop shud b scared ?! GTFO !
Basically.
That’s Nicki’s world for ya ?♂️
She never released it for profit or all over the Internet. She bet released it at all. Dj funk flex played it once on the radio.
The song generated interest that directly and indirectly allowed Minaj et al. to benefit financially. Songs don’t make it to radio to not generate revenue. This was a calculated move on Minaj’s part that will earn her the biggest L of her career. You simply can’t do this and expect to get away with it. Especially not with an artist, Chapman, that wants her creative work to have absolutely nothing to do with Minaj.
yea it was all good until she gave to flex. with that said you should be free to sample whatever you want beforehand. having to clear a sample before you even use it is absurd and goes against the spontaneous nature of music.
Way to stay Irrelevant Trace!!
???
Chapman is a legend go get your ticket
Non-sampable list? Anyone on that can get the finger, the Middle.
Had infinite worth before ever making my millions.
#DaughteroftheKing
Samples should be able to be used as long a profit isn’t being made.
That’s actually how the law is written it is called Fair Use the problem is rooted in it being made available in the public realm which one way or the other generates money. I’d advise to not say profit as that assumes that more money was made than what was spent in the creation of the work. Just my .02
Wow of course it is a tough one here. Just like photography that is copyrighted music as far as I thought I knew it could only sample three seconds of a tune but if it was recognizable and more used that basically made the tune a hit that wouldn’t be without the sample then like happened with Blurred Lines Robin Thicke lost that battle it would probably lose in a court battle only winners are the courts lawyers.Artists have always used inspiration like the Rolling Stones using Muddy Waters riffs.Nirvana also inspired by Pixies. I say yes you have to ask permission to use a sample but unless the law changes freedom of speech and interpretation would be not really true.It is the law and payments to an artist where sample used that needs to be clear.
People it doesn’t matter if it’s for sale or not you need permission Tracy and team clearly said no and they still heard it on the air waves Nicki screwed up ask Diddy if you still need a clearance even if it’s not for sale he has sampled material in which the writer wanted all profits those songs were basically promotion for up coming albums but he still had sample clearances for them.
It’s intellectual property.
GIF
Multiplatinum Rraq Team Productions
1)Get Nicki’s pockets 4 that violation!!! 2)Funk Flex should be FIRED!!! He should have known BETTER!!!
Look… If I take the time and brain work to create something and you want to use it and profit off of it, then you’d better have my damn permission. PERIOD. if you can’t deal with that then go create YOUR OWN shit and there won’t be any issues.
Question is Nikki getting paid by BMW as they sampling her song in their commercial?
Lol. Probably. That’s usually how it works.
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It’s very simple either get permission in writing or don’t sample the song!
Time to pay up Barbie!
these are people who hang out with pirates. the pirate party in germany in their government. they sing their praises download everything free and with malicious ware at that. they hate capitalism a lot of them are left wing. make an example of this travesty tracey! make more money, be good with your money.
Tracy Chapman is damn near unproblematic. A pure originator who takes pride in her work. If she says you can’t commercially use her work, lay off. TF was Ms Petty thinking, releasing music with uncleared samples???
It was a song that was leaked by a dj nicki DIDNT make a red cent she was trying to release anything
Don’t steal b!tch!!! Let’s be real though, you want to tell me the Dre’s of the industry don’t try the sample and experiment with it to see if it sounds good before they purchase the sample??? Of course they do.
And how would this “change hip-hop as we know it”? De La Soul have had sample clearance issues for decades with several of there albums not on streaming platforms because of it. This is nothing new.. hip-hop will bob & weave this like all the other attempts.