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ARTICLE · 23 FEBRUARY 2021

Copyrights and wrongs: Understanding Tracy Chapman v Nicki Minaj

Colin Biggers & Paisley
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US case looks at the Australian "fair dealing" defence & reminds us that Fair Use is not a defence in Australia

AustraliaIntellectual Property
Tim Seton
Tim Seton
Roman Hofmann
Roman Hofmann

In brief - US copyright infringement case provides opportunity to look at the Australian "fair dealing" defence and is a reminder that there is no such thing as a defence of "fair use" in Australia

"Sorry, is all that you can say".

Following a copyright claim brought by Tracy Chapman in respect of Nicki Minaj's unreleased song Sorry, Minaj was required to do more than just apologise.1

The outcome might have been worse for Minaj had she not successfully defended part of the claim on the basis of "fair use".

The Sorry state of affairs

In the lead up to releasing her 2018 album Queen, Minaj recorded a song, Sorry, which sampled part of Chapman's song Baby Can I Hold You. Chapman refused all requests from Minaj for a licence to sample the song. As a result, Minaj did not include the song on Queen. However, Sorry was leaked to DJ Flex of Hot 97 Radio in New York, who played it on 11 August 2018.

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