C.D. Cal., 2018 (No. 2:18-cv-9088)

 

​Complaining Work

​Defending Work

Tracy Chapman

“Baby Can I Hold You”

Hear Audio

Onika Tanya Maraj (Nicki Minaj)

“Sorry”

Hear Audio

 

Comment by Charles Cronin

It is unclear from Chapman’s Complaint (below) whether she is alleging infringement based on unauthorized sampling of a portion of Chapman’s recording, or unauthorized copying and performance of Chapman’s musical work. While the Complaint alleges Maraj infringed upon the “lyrics and vocal melody of the Composition,” it supports this claim citing correspondence between the parties concerning Maraj’s attempts to obtain Chapman’s permission to “sample” her work — i.e. incorporate portions of Chapman’s recorded performance in Maraj’s recording.

A comparison of the two recorded performances (above) leaves one with the impression Maraj wanted to create essentially a “cover” version of Chapman’s song. This is supported by the Complaint’s assertion that Maraj’s recording used virtually all the words of the plaintiff’s song, as well as the “vocal melody”. U.S. Copyright Office guidelines on compulsory licenses for creating cover recordings state that the cover performer may “make a musical arrangement of the work to the extent necessary to conform it to the style or manner of interpretation of the performance involved,” but that one may not “change the basic melody or fundamental character of the work in the arrangement.” Maraj’s cover appears to comport with both these requirements.

The Complaint does not raise the possibility of a compulsory license because that would undermine its claim that Maraj infringed Chapman’s copyright by creating an unauthorized derivative work. Surprisingly, the defendant’s Answer to the Complaint also does not raise the issue of compulsory license, but claims Chapman has no standing to bring the claim because she is not the owner of the copyright for the contested song. Perhaps this dispute (still going strong, April 2020) could have been averted had Maraj simply obtained a compulsory license, and paid Chapman royalties, rather than seeking authorization she may not have been legally required to obtain.

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Complaint: PDF

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