Although the case seemed primed for settlement, Nicki Minaj has countered Tracy Chapman’s copyright infringement lawsuit
over Minaj’s “Sorry,” claiming that Chapman doesn’t even own the copyright of “Baby Can I Hold You” and that her lifting of aspects of that song was fair use.filed in California federal court last week, Minaj doesn’t deny that her representatives tried to gain permission from Chapman to use “Baby Can I Hold You” — and really Minaj couldn’t plausibly do so after she had tweeted several times about the back and forth regarding the song and Chapman’s denial of permission.
As an affirmative defense to Chapman’s copyright infringement claim, Minaj alleges that Chapman hasn’t properly registered her claim to copyright in the composition. Although there are no further details in the answer, this argument appears to be based on the fact that theis in the names of SBK April Music, Inc. and Purple Rabbit Music, Chapman's publishing designee. In her complaint, Chapman maintains that copyright reverted to her from those entities in May 2016.
Another of Minaj’s defenses is that her sampling of Chapman’s song was fair use. Chapman’s complaint estimates that about half of “Sorry” lifts the lyrics and vocal melody of “Baby Can I Hold You." If a jury agrees with that assessment, it would go far beyond what the law considers"fair use" as an exception to copyright infringement.
Indeed, in a trial, a jury would have to decide whether the songs are"substantially similar" enough to constitute copyright infringement. In its analysis, the jury may also consider the creative process behind the song. On that note, troublesome for Minaj is that one of her representatives has specifically acknowledged Chapman’s influence in the creation of “Sorry.”
In her answer, Minaj also contends that any copyright violation is “de minimus” or minimal, presumably because the song was never officially released. The lack of full-scale publication would make it more difficult to estimate Chapman’s damages, but if a jury finds aOf course, Chapman’s main concern is most likely the injunctive nature of her request for relief.
Brasil Últimas Notícias, Brasil Manchetes
Similar News:Você também pode ler notícias semelhantes a esta que coletamos de outras fontes de notícias.
BlackBerry sues Twitter for patent infringementBlackBerry Ltd on Wednesday filed a patent infringement lawsuit accusing Twitter...
Consulte Mais informação »
The Latest: Back-to-back suicide car bombs kill 16 in SyriaBEIRUT (AP) — The Latest on developments in Syria (all times local): 6:10 p.m. A commander with a U.S.-backed Syrian force says back-to-back suicide car bombings in a market in eastern...
Consulte Mais informação »
Top Flutist Settles Gender Pay-Gap Suit With Boston Symphony OrchestraThe principal flutist of the Boston Symphony Orchestra was among the first women to file a gender pay-equity claim under the Massachusetts Equal Pay Act when she filed a lawsuit against BSO last July.
Consulte Mais informação »
Johnson & Johnson facing suits over baby powder’s reported cancer linkThe Justice Department, the SEC and a Senate committee are investigating whether Johnson & Johnson hid evidence that its talcum baby powder is linked to asbestos and ovarian cancer. NBC’s Tom Costello reports for TODAY.
Consulte Mais informação »
Mother files suit against Democratic donor Ed Buck in overdose deathThe mother of Gemmel Moore, who died in the West Hollywood apartment of Ed Buck in 2017, filed a wrongful death lawsuit against Buck and Los Angeles County District Attorney Jackie Lacey, who declined to file charges.
Consulte Mais informação »