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Judge Sides With Nicki Minaj in Tracy Chapman Copyright Dispute

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2 years ago

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  • Nicki Minaj recorded her song “Sorry” in 2017, which featured lyrics and melodies from Tracy Chapman’s 1988 song “Baby Can I Hold You.”
  • When Chapman repeatedly refused to give Minaj licensing permission for the track, it was dropped from Minaj’s 2018 “Queen” album. However, the song later leaked on the radio and online, prompting Chapman to file a copyright infringement lawsuit against Minaj.
  • Chapman accused her of distributing the song to a radio DJ and claimed she shouldn’t have even been allowed to record it. 
  • Minaj’s team denied distributing the song and warned that artists need to be able to experiment with existing material without worrying that they could be sued once they actually do approach that rights-holder for a license. 
  • A judge sided with Minaj Wednesday, saying her demo song falls under fair use, adding, “A ruling uprooting these common practices would limit creativity and stifle innovation within the music industry.”

The Two Songs 

A judge has ruled in favor of Nicki Minaj on Wednesday in a copyright infringement lawsuit brought against her by fellow singer Tracy Chapman.

Music lovers and members of the industry have had a close eye on this case, believing it could have a huge impact on the music industry.

The suit stems from a 2017 song Minaj recorded featuring Nas called “Sorry.” At the time, the rapper was reportedly under the impression that the song was a remake of a one created by artist Shelly Thunder. However, she later discovered that most of the lyrics and some of the melody came from Tracy Chapman’s 1988 song “Baby Can I Hold You.”

After learning this, Minaj’s representatives reached out to Chapman for permission to use the song, but Chapman repeatedly refused. According to Chapman, she had a blanket policy against granting such permission, so in 2018, Minaj dropped her “Queen” album without the song “Sorry.”

The unreleased track then somehow made its way into the hands of a New York radio DJ known as Funkmaster Flex, who played it on air. Portions of the track also later aired on “The Breakfast Club,” before leaking online. 

The Lawsuit 

In response, Chapman filed a copyright infringement lawsuit accusing Minaj of providing the DJ with the song and arguing that Minaj shouldn’t have even been allowed to make the unauthorized track in the first place.

Both Minaj and Flex have denied that the song came from her or her authorized representatives. Instead, Flex said he received it from one of his bloggers.

Minaj’s attorneys then filed a motion warning that Chapman’s suit “should send a shiver down the spine of those concerned with the entertainment industry.” 

They argued that artists need to be free to create something based on existing material without worrying that they could be sued for experimenting once they actually do approach that rights-holder for a license. 

“Such free-flowing creativity is important to all recording artists, but particularly in hip hop,” her legal team said.

“With that category of music, a recording artist typically goes into the studio and experiments with dozens of different ‘beats’ or snippets of melodies, before hitting upon a pleasing combination.”

They also warned that ruling in Chapman’s favor “would impose a financial and administrative burden so early in the creative process that all but the most well-funded creators would be forced to abandon their visions at the outset.”

Judge’s Ruling

The latest update to the case came Wednesday when U.S. district judge Virginia A. Phillips ultimately sided with Minaj.

In her ruling, the judge said the rapper’s experimentation with the song constitutes “fair use” not copyright infringement.

“Artists usually experiment with works before seeking licenses from rights holders and rights holders typically ask to see a proposed work before approving a license,” she explained.

“Chapman has requested samples of proposed works before approving licensing requests herself because she wanted ‘to see how [her work] will be used’ before approving the license, yet Chapman argues against the very practice she maintains. A ruling uprooting these common practices would limit creativity and stifle innovation within the music industry.”

What’s Next? 

The decision is a major win for Minaj but the dispute between the two artists isn’t exactly over. 

That’s because Chapman is still trying to argue that Minaj infringed on her song rights by sending the song to Funkmaster Flex. Chapman’s lawyers asked the judge to find that the distribution constituted copyright infringement as a matter of law, but the judge ruled that that dispute would need to go to a jury. 

That could end up being a pretty tricking case for Minaj because according to Chapman’s legal team, she reached out to Flex on August 3, 2018, offering the song. Minaj allegedly followed up a week later on August 10 saying, “You got me tonight? The song is me and Nas. Send your number.” The next day, the song was played on the radio and promoted on social media.

Minaj’s team has pushed back against some of these points, as well as other claims, still maintaining that she did not send the song.

In her decision, judge Phillips noted factual disputes concerning when Flex received the work, who exactly gave it to him, whether it was a mastered version, and more. When the trial takes place, Minaj will likely be pressed on some of this conflicting information. 

See what others are saying: (Variety) (Complex) (MarketPlace) 

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Britney Spears Asks For Privacy After Fans Called Cops to Conduct a Wellness Check on Her

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4 hours ago

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January 26, 2023

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Fans said they were concerned after the singer deleted her Instagram account.

EDITOR’S NOTE: This article was updated to include a statement from Britney Spears

Fans Call 911

Britney Spears said her fans “went a little too far” after some called the police to conduct a wellness check on her. 

The fans, many fueled by online conspiracy theories, were concerned about Spears because she deleted her Instagram account. While this is something the singer has done multiple times in the past, her fans thought she had left secret signals in her last post suggesting she needed help.

Some even posted videos of them calling emergency services on TikTok, a platform that is full of conspiracy videos about Spears. 

“I love and adore my fans but this time things went a little too far and my privacy was invaded,” Spears wrote in a statement on Thursday, citing “prank phone calls” that were made to police.

According to Spears, officers did not enter her home because once they got to her gate, they “quickly realized there was no issue and left immediately.”

“This felt like I was being gaslit and bullied once the incident made it to the news and being portrayed once again in a poor and unfair light by the media,” Spears continued. “During this time in my life, I truly hope the public and my fans who I care so much about can respect my privacy moving forward.”

On Wednesday, a spokesperson for Ventura County Sheriff’s Office confirmed to Page Six that the department “did get calls into our dispatch” but added there was no reason to believe that Spears was “in any kind of harm or any kind of danger.”

That spokesperson declined to say if officials contacted Spears or conducted a wellness check, citing privacy and public trust issues.

The Prominence of Britney Spears Conspiracies 

Just over a year has passed since Spears was freed from a highly restrictive conservatorship that controlled her life and finances for 13 years. Throughout the conservatorship, fans tried to use the pop icon’s social media to pick up clues that she was secretly struggling. She did not publicly speak about the conservatorship until the summer of 2021. 

Now that she has her freedom, fans are still reading heavily into her posts. Some believe there are hidden messages in her captions and in the gestures she does while dancing. Others think she is dead, missing, or hiding and that a body double is being used in her posts. Some are so concerned that they are coordinating a mass effort to pressure the Los Angeles Times into investigating Spears’ whereabouts and safety. 

In the last several years, many have reflected on Spears’ early days in the spotlight and the cruel ways she was harassed and targeted by paparazzi, news outlets, and culture at large. Often the punchline to a joke throughout the 2000s, many now sympathize with Spears, who was forced to endure heavy public scrutiny at a young age. Documentaries like “Framing Britney Spears” prompted many to see Spears as a victim of abusive media tactics, not the “crazy” woman tabloids painted her to be. 

Many are now concerned that fans are only going to subject Spears to a new onslaught of harassment by calling the police to her house. Even if the conspiracy theories are technically well-intentioned and often come from a place of concern, some believe they will jumpstart a media frenzy that could harm Spears’ mental well-being.

See what others are saying: (Page Six) (Jezebel) (TMZ)

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Razzies Apologize For Nominating 12-Year-Old, Adopt Age Rules For Future Nominations

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1 day ago

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January 25, 2023

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The group’s founder said the Razzies regret “any hurt” the young actress may have “experienced as a result of our choices.”

Razzies Face Backlash

The Razzie Awards revoked its “insensitive” nomination of 12-year-old Ryan Kiera Armstrong and added new guidelines banning child performers from being nominated in the future. 

The Razzies, which award the year’s worst movies, included Armstrong in its “Worst Actress” lineup for her role in “Firestarter.” Bryce Dallas Howard, Diane Keaton, Kaya Scodelario, and Alicia Silverstone were also nominated in the category.

Armstrong starred alongside Zac Efron in “Firestarter,” an adaptation of Stephen King’s novel of the same name. The picture received a 10% rating from critics on Rotten Tomatoes. 

While the film was broadly panned, many thought it was a bridge too far to nominate a child for a bad acting award.

“The Razzies are already mean-spirited & classless, but to nominate a kid is just repulsive & wrong,” child star Julian Hilliard, best known for his work in “WandaVision,” tweeted. “Why put a kid at risk of increased bullying or worse? Be better.”

Actor and podcast host Brandon Hardesty said the nomination was “completely ignorant and cynical.”

“They have no clue what this can do to a child actress who probably considered her starring role in FIRESTARTER as a high point in her life,” he wrote. 

“That girl was the best part of that mess of a movie,” film critic Shannon McGrew tweeted. “And on top of that, no kid should ever be nominated for an award that punches down on them.”

Nomination Revoked

Razzies founder John Wilson addressed the backlash in a statement to the press on Wednesday, calling the criticism “valid.”

“Sometimes, you do things without thinking, Then you are called out for it. Then you get it,” Wilson said. “It’s why the Razzies were created in the first place.”

“We have removed Armstrong’s name from the Final Ballot that our members will cast next month,” he continued. “We also believe a public apology is owed Ms. Armstrong, and wish to say we regret any hurt she experienced as a result of our choices.”

In addition to removing Armstrong’s nomination, The Razzies is now adopting “a Voting Guideline precluding any performer or film-maker under 18 years of age from being considered” for awards. 

“Since our motto is ‘Own Your Bad,’ we realize that we ourselves must also live up to it,” the statement closed.

While Armstrong will be the last child to nab a Razzie nomination, she was far from the first. Jake Lloyd made the list for his turn as young Anakin Skywalker in “Star Wars: Episode I – The Phantom Menace.” Gary Coleman and Macaulay Culkin also got nominations as teenagers.

See what others are saying: (Deadline) (The Hollywood Reporter) (People)

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SeatGeek CEO Calls to Break up Ticketmaster and Live Nation in Senate Hearing Following Taylor Swift Debacle

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2 days ago

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January 24, 2023

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“A lack of robust competition in our industry meaningfully stunts innovation, and consumers are who suffer,” Jack Groetzinger said.

Monopoly Concerns

Two months after technical difficulties blocked countless Taylor Swift fans from snagging seats to her tour, a bipartisan group of Senators held a hearing to re-examine the merger between Live Nation and Ticketmaster.

The two entertainment giants merged in 2010. Jack Groetzinger, the CEO of the rival ticket-selling platform SeatGeek, said during Tuesday’s hearing that the two need to be broken up to benefit consumers. 

“One, a lack of robust competition in our industry meaningfully stunts innovation, and consumers are who suffer,” he said. “Two, venues fear losing Live Nation concerts if they don’t use Ticketmaster, and three, the only way to restore competition in this industry is to break up Ticketmaster and Live Nation.” 

Sen. Amy Klobuchar (D-MN) echoed concerns about the lack of competition, arguing that Live Nation is the “definition of monopoly.”

“Live Nation is so powerful that it doesn’t even need to exert pressure, it doesn’t need to threaten, because people just fall in line,” she said. 

The Eras Tour Debacle

Ticketmaster has long been accused of price-gouging and complicating the ticket-buying process. Those issues made international headlines in November during the presale for Swift’s highly anticipated Era’s Tour. 

Millions of fans who attempted to enter Ticketmaster’s virtual queue walked away empty-handed after experiencing crashes, price inflation, and a myriad of other issues. 

According to Ticketmaster, the incredibly high demand, coupled with an onslaught of bot attacks, forced the platform to slow sales down. After the company delayed sales in certain cities and canceled the general sale altogether, Swift called the ordeal “excruciating.”

“We asked them, multiple times, if they could handle this kind of demand and we were assured they could,” she wrote on Instagram in November. 

The controversy prompted many to accuse Ticketmaster and its parent company, Live Nation, of holding a monopoly over the concert and live events industry. The U.S. Justice Department has opened an antitrust investigation into the entertainment giant. 

Ticketmaster Takes Heat

Ticketmaster has repeatedly tried to blame a number of factors for the failed Swift presale, even at one point suggesting the sale was too popular because the “Anti-Hero” singer waited so long to tour. 

“May I suggest, respectfully, that Ticketmaster ought to look in the mirror and say, ‘I’m the problem, it’s me,’” Sen. Richard Blumenthal (D-CT) said during the hearing. 

Still, the company continued to point the finger at record-breaking bot attacks. 

“We knew bots would attack at onsale and planned accordingly. We were then hit with three times the amount of bot traffic that we’d ever experienced,” Live Nation CFO Joe Berchtold said on Capitol Hill. 

“The attack requires [us] to slow down and even pause our sales. This is what led to a terrible consumer experience we deeply regret. We apologize to the fans, we apologize to Miss Swift, we need to do better and we will do better,” he continued. 

Others present at the hearing were not happy with Live Nation’s bot defense. Sen. Marsha Blackburn (R-TN) said that she has worked with companies in a variety of industries that deal with bots without these issues. 

“You know what, they get bot attacks every single day by the thousands. By the thousands,” she said. “And they have figured it out, but you guys haven’t? This is unbelievable.” 

“You can’t blame bots for what happened to Taylor Swift,” JAM Productions CEO Jerry Mickelson added. “There’s more to that story that you’re not hearing.”

According to Mickelson, Ticketmaster can actually stand to benefit from glitchy sales on its platform. 

“The process, when it’s slowed down, increases the money that Ticketmaster makes because they make money on fees and as the ticket prices go up due to dynamically priced tickets, Ticketmaster makes more off that,” he claimed. “So it’s to their advantage to slow the process down.”

Outrage against Ticketmaster has become so widespread that Sen. Blumenthal said the company was responsible for “an absolutely stunning achievement.” 

“You have brought together Republicans and Democrats in an absolutely unified cause.”

See what others are saying: (Axios) (USA Today) (New York Times)

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