Nicki Minaj is one step closer to freedom of her legal dispute with singer-songwriter Tracy Chapman. On Thursday, September 17, Judge Virginia A. Phillips ruled that Minaj had not engaged in copyright infringement in her unreleased song Sorry which samples Chapmans song Baby Can I Hold You. In 2018, Chapman sued Minaj, claiming Ms Petty was never allowed to use her song, but Judge Phillips ruled in Minaj’s favor, citing the fair use doctrine. Artists typically experiment with work before seeking licenses from rights holders, and rights holders typically request to see a proposed work before approving a license, Phillips wrote in its ruling. A decision uprooting these common practices would limit creativity and stifle innovation in the music industry.
Although Minaj won the battle, the legal war with Chapman is not yet over. Although Minaj never officially released Sorry, despite a public request to Chapman for permission to use his song on his album. Queen, the track leaked online after Funkmaster Flex performed the song on the radio in August 2018. The court must now determine whether Minaj infringed on Chapmans’ rights by distributing the song on the radio. Until this day, Minaj is free to experiment with other artist samples, but we suggest she avoids Fast Car, for obvious reasons.
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