For months, the entertainment industry’s legal calendar had an intriguing item on the horizon: a copyright trial pitting Tracy Chapman, the revered and reclusive singer-songwriter, against the incendiary rapper Nicki Minaj.
But that test is not going to happen. Late last month, the parties agreed to a copyright infringement trial against Minaj, and a payment of $ 450,000 to Chapman, according to documents made public on Thursday in California’s federal court, where the case was filed. being judged.
Chapman sued Minaj for copyright infringement in late 2018 over a song called “Sorry”, which was copied heavily from Chapman’s “Baby Can I Hold You”, released in 1988. The aspect of the case that caught the attention of jurists and entertainment litigants was that song by Minaj, which she recorded with rapper Nas, was never officially released, although it was played on the radio by Funkmaster Flex, the famous DJ for the New York radio station Hot 97.
Chapman accused Minaj of using “Baby Can I Hold You” without permission, which she said Minaj asked for, but was denied. Still, Minaj argued that his creation of “Sorry”, even without a Chapman license, was protected by the “fair use” doctrine – an exception to copyright law that allows creators to borrow copyrighted material under certain conditions. .
The dispute raised thorny questions for musicians and the companies behind them: can artists be held responsible for copyright infringement of works in progress? Do artists even need permission to experiment in the studio?
In September, Judge Virginia A. Phillips, of the United States District Court in Los Angeles, sided with Minaj on the issue of fair use. In a summary judgment decision, Judge Phillips wrote that “uprooting” the common practice of allowing artists to experience privately “would limit creativity and stifle innovation in the music industry”.
But the judge allowed the case to go to trial on the question of how the music came to Funkmaster Flex. Chapman’s side claimed that Minaj leaked and pointed out the substantial correspondence between the two. Minaj said he did not send the track, and Funkmaster Flex said he had obtained it “from one of his bloggers”, according to the judge’s decision.
If Minaj leaked the song on her own, or authorized its release through intermediaries, she may have been responsible for significant penalties. Court documents show that Minaj’s lawyers made their $ 450,000 offer, “including all costs and attorneys fees incurred to date,” on December 17, and that Chapman’s team accepted it on December 30.
In a statement on Friday, Chapman said she was satisfied with the result, “which states that the rights of artists are protected by law and must be respected by other artists”.
“As a composer and independent editor, I am known for protecting my work,” added Chapman. “I never authorized the use of my music for samples or requested a sample. This process was the last resort. “
When asked about the conclusion of the case, a lawyer from Minaj, Peter W. Ross, said simply: “We agreed for a single reason. It would have cost us more to go to trial. “