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Judge Sides With Nicki Minaj in Tracy Chapman Copyright Dispute

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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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BBC Diversity Chief Sparks Backlash After Claiming “Luther” Was Not an “Authentic” Black Lead

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  • BBC Diversity Chief Miranda Wayland sparked backlash after saying Monday that the Idris Elba-led series “Luther” was not authentic because the Black protagonist “doesn’t have any Black friends” and “doesn’t eat any Caribbean food.”
  • Many criticized Wayland’s remarks, arguing that she essentially implied the character was not “Black enough” because he did not fall into certain stereotypes. 
  • BBC defended the show and said they were “tremendously proud” of “Luther.” Meanwhile series creator Neil Cross said one of the reasons Elba was attracted to the role was because it did not center on race.

BBC Diversity Chief Sparks Controversy

The Diversity Chief at BBC sparked backlash after implying that the title character in the hit series “Luther” was not an authentic Black lead.

The crime drama ran for five seasons between 2010 and 2019, starring Idris Elba as detective John Luther. It won Elba a Golden Globe in 2012 and earned him four Emmy nominations. 

“When [Luther] first came out everybody loved the fact that Idris Elba was in there — a really strong, Black character lead,” BBC’s Diversity Chief Miranda Wayland said while speaking on diversity and inclusion strategies during the Digital MIPTV conference on Monday. “We all fell in love with him. Who didn’t, right?”

“But after you got into about the second series you got kind of like, OK, he doesn’t have any Black friends, he doesn’t eat any Caribbean food, this doesn’t feel authentic,” she continued.

Fans Defend “Luther”

Her remarks upset numerous people who felt Wayland was implying that Luther was not “Black enough” because he didn’t fall into certain racial stereotypes.

“This farcical criticism was clearly thought up out of boredom or just sheer ignorance,” one Twitter user wrote. “Luther is a brilliant series and actually shows a Black actor in a light not defined by anything but his ability to do his job. Stop using stereotypes to justify your own insecurities.”

Many pointed to the fact that even successful actors like Elba still have to deal with being labeled either “not Black enough” in some roles, but “too Black” for others. Elba has long been rumored as a potential pick to be the next James Bond. If he were cast, he would be the first Black actor to take the famous role. Despite his popularity, nothing has come of those rumors.

Others found the criticism of him not having Black friends to be especially weak because Luther did not have a lot of friends in general, as one of his character traits was his stark commitment to his job.

BBC and “Luther” Creator Respond

The creator of “Luther,” Neil Cross, told The Daily Mail that one of the reasons Elba was interested in the role was because it had nothing to do with race. Many doubled down on the fact that the show was great because his character was complex and human on his own without having to deal with racial issues, something that is often not seen in shows with Black leads.

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“I have no knowledge or expertise or right to try to tackle in some way the experience of being a Black man in modern Britain,” Cross said in his statement to The Daily Mail. “ It would have been an act of tremendous arrogance for me to try to write a Black character.”

“We would have ended up with a slightly embarrassed, ignorant, middle-class, white writer’s idea of a Black character,” he continued.

A BBC spokesperson also defended the show in a statement to The Independent saying the network is “tremendously proud” of “Luther.”

“The BBC is committed to its continued investment in diversity and recent BBC One dramas ‘I May Destroy You’ and ‘Small Axe’ are testament to that,” the spokesperson continued. “Of course people can have open discussions about our shows but that doesn’t mean it’s a statement of policy.”

Elba himself has not directly responded to the situation, though some think an Instagram story he posted Wednesday may have been related to it.

“We must not pull ourselves backwards, only push ourselves forward,” the actor wrote. 

See what others are saying: (The Independent) (The Daily Mail) (The Wrap)

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Durte Dom Returns To TikTok Following Sexual Assault Accusation Levied Against Him

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  • YouTuber Dom Zeglaitis, a former member of David Dobrik’s Vlog Squad known online as Durte Dom, returned to the Internet less than one month after he was accused of sexually assaulting a woman in 2018 who was too drunk to consent.
  • Zeglaitis has not issued a response to the allegation, but in the past three days, he has posted a dozen TikToks that mostly consist of short sketches and jokes he filmed with friends. 
  • One post shows Zeglaitis participating in the “Bulletproof” challenge, with text in the clip reading, “You think you can hurt my feelings?!? I got kicked out of the Vlog Squad for…”
  • Several people, including major creators like Tana Mongeau and Ethan Klein, are now calling him out for seeming to make light out of a serious situation.

Durte Dom Returns To Internet

Former Vlog Squad member Dom Zeglaitis, also known as “Durte Dom,” has resumed posting on social media after nearly a month of silence since he was accused of sexual assault. 

A woman told Insider in March that Zeglaitis raped her while she was too drunk to consent to sexual activity in 2018. She said that she and her friends were hanging out with YouTuber David Dobrik’s Vlog Squad at the time. The accuser, who was under 21 the night of the alleged assault, claimed the group supplied her and her friends with alcohol. 

The fallout of this allegation has been significant. While Zeglaitis has yet to respond to it, Dobrik has issued multiple apologies and faced most of the financial repercussions as frontman of the group. Both Zeglaitis and Dobrik were later demonetized by YouTube. Dobrik also lost multiple sponsorship deals and bowed out of Dispo, a photo-sharing app he co-founded. He is now taking a break from YouTube and social media. 

Though Zeglaitis has returned to the Internet, he is still largely ignoring the sexual assault accusation levied against him. He specifically began posting on TikTok over the weekend, and since then has posted roughly a dozen videos on the platform. 

Durte Dom Jokes About The Vlog Squad on TikTok

Most of the videos are short sketches or comedy bits with his friends. In one, he and a friend are going through Omegle while Zeglaitis is off-screen. The friend asks the people on the other end of the chat “What are your thoughts on Durte Dom?” before Zeglaitis enters the shot.

Several of the videos continue to reference Zeglaitis’ sleazy, womanizing, reputation. One shows him claiming to have “smashed” adult film star Riley Reid. In another, he is sitting on a lounge chair throwing money at girls dancing next to him. 

The video generating the most attention, however, is his take on the viral “Bulletproof” challenge. That TikTok features him standing below a text block that reads “You think you can hurt my feelings?!? I got kicked out of the Vlog Squad for…” while the song “Bulletproof” plays in the background.

@dominykas

bruh why they kick me out?!? 😐😵 @daviddobrik #vlogsquad #foryou #tiktok

♬ original sound – DurteDom

In the caption of that video, he tagged Dobrik and asked “bruh why they kick me out?!?”

Creators Call Out Zeglaitis for Ignoring Allegation

This specific TikTok caught the attention of major creators, including Tana Mongeau and Ethan Klein, who dueted that video to call Zeglaitis out. 

“Someone please make this make sense to me,” Mongeau wrote.

“This mf serious?” Klein said.

They are not the only ones frustrated with Zeglaitis. Many responded to the video in the comment section shocked he was posting at all, bringing up the sexual assault allegation, and urging him to not treat it as a joke. 

The comment sections on the rest of his videos are similarly flooded with people who are outraged that he is posting regular content as though nothing had happened.

See what others are saying: (Insider)

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TikToker Neumane Called Out for Copying Content From Smaller Creators

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  • Kane Trujillo, a comedy TikToker known as @neumane, is facing backlash after fellow TikToker Joey Bailey posted a video noting that Trujillo has risen to popularity off content copied from several, often smaller, creators.
  • Bailey also shared an alleged audio message he received from Trujillo where he threatened Bailey to take his call-out video down before sending a second message promising to pursue legal action.
  • In a clip from a TikTok live stream, Trujillo addressed the controversy by saying that “nothing’s original” and seemingly admitting to copying.
  • “It’s not who made it first, it’s who does it better,” he said in the clip. “Who gives a f*ck about some little copied content? … I’m an actor. I’m not a writer, I’m not a f*cking storyteller…You give me a script, I will f*cking nail that sh*t. And I’m not gonna think of it, no, but I’m gonna make yours better.”

Stealing Accusations

Popular comedy TikToker Kane Trujillo, who has over 2.7 million followers and is known on the platform as @neumane, has been called out by fellow creators for a pattern of stealing content.

The latest creator sounding the alarm is Joey Bailey (@joey.bailey), who posted a video to the app on March 15 that showed Trujillo’s posts next to the original versions he appears to have replicated, often word for word and with nearly identical expressions.

Similar allegations regarding Trujillo were made on March 13 in a YouTube video from thatsjustchris.

@joey.bailey

they took this down so this is the last time I repost it

♬ original sound – Joey

In a follow-up TikTok and a longer YouTube video, Bailey went on to explain that he received an audio message from Trujillo through Instagram trying to get Bailey to take the call-out video down.

@joey.bailey

I got a lot of questions about the messages in the last post so heres the final update and that’s it

♬ original sound – Joey

“You can kindly take it down and we can just, you know, be cool and move on from all this sh*t, or you could just leave it up and have a lot of enemies from here on out,” the voice that allegedly belongs to Trujillo can be heard saying in the audio.

Bailey said he privated the video after that because he “didn’t want to become the drama TikToker,” but he eventually changed his mind, arguing that he wasn’t starting drama, he was just standing up for himself.

After he unprivated the video, he said Trujillo sent him another message promising to pursue legal action.

“As of today me & my management team will be proceeding with a False Accusation lawsuit against you. I wish we didn’t have to go this far but you leave me no choice,” that message read.

Copied Creators Express Mixed Feelings

In total, at least several creators appear to have had content copied by Trujillo: @nuhchez, @ty_t.v, @brodiefalgoust, @dawson.taylor1, @licout, @lemmuelmamotsau, and @joey.bailey.

In statements to The Daily Dot, some of those creators essentially said they’ve accepted that this is something that happens on TikTok.

“This is something I’ve come to accept because sadly TikTok is an app that will push stolen content and Suppress originality!” Natchez Ballinger (@nuhchez) told the outlet in an email. “Creators have stolen from me since I’ve joined the app, I take it as flattery in a way.”

“I mean yeah he did steal my video and it became more popular but it’s TikTok,” Dawson Anderson (@dawson.taylor1) told the outlet via Instagram. “I don’t really care all that much it’s a video trend not worth crying over.”

Still, others were much more frustrated.

“The thing with him is that he doesn’t steal ideas, he steals the video word for word, uses the same sound, the same gestures, and even the same wording without giving any credit to the creator whatsoever,” Brodie Falgoust (@brodiefalgoust) told The Daily Dot via Instagram. “That is how he gained all of his following, and continues to do it still (even after being called out). I get ripped off all the time but It’s frustrating as a smaller creator who is constantly coming out with original content when a person with a big following comes and takes credit for your originality.”

“People take my ideas but any creator that has been bigger than me has given me credit!” Falgoust continued.

“There is [a] large difference between following a trend and ripping off someone’s work shot for shot and word for word,” said another creator who spoke to the outlet anonymously out of feat of legal retaliation.

“A lot of users do not understand how much work some of these creators are putting into original content. And for Neumane to hunt down those smaller creators and reproduce their successful content as his own without acknowledging credit is exasperating. The real issue becomes the money and opportunity he is being given by eating off of the backs of others.”

Neumane’s Response

In a clip of a TikTok live stream reviewed by The Daily Dot, Neumane addressed the controversy by saying, “nothing’s original.” He also seemed to admit to copying.

“Imagine showing hate to somebody on the internet,” Trujillo reportedly said during the live stream. “Like bro, just show love. Who gives a f*ck about some little copied content? Like, just make it good, and yours will get a lot of views. Do good expression, act well. I’m an actor. I’m not a writer, I’m not a f*cking storyteller. I’m an actor. You give me a script, I will f*cking nail that sh*t. And I’m not gonna think of it, no, but I’m gonna make yours better.”

A viral TikTok by @ttdramanews covering the allegations against Trujillo shared portions of that clip, which also shows Trujillo saying, “It’s not who made it first, it’s who does it better.”

According to The Daily Dot, Trujillo talked about people needing to show love, though commenters quickly pointed out that he’s the one threatening others with legal action.

See what others are saying: (The Daily Dot) (Joey Bailey) (thatsjustchris)

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