Eric Helps Secure Win for Nicki Minaj on Novel Copyright Theory

In addition to the work he does through his independent practice, over the last several years, Eric has been happy to collaborate with the Century City litigation firm Browne George Ross. Among the clients he represents in that role is the superstar Nicki Minaj, for whom Eric recently helped secure a favorable summary judgment ruling in a copyright infringement case brought by the artist Tracy Chapman.

In advance of Minaj’s 2018 album Queen, she recorded a song with Nas called “Sorry” that contained an “interpolation" (which is similar to a sample) of Chapman’s composition “Baby Can I Hold You.” Minaj left “Sorry” off of Queen, however, after Chapman refused to grant her a license for the interpolation. Nevertheless, the recording was somehow leaked to New York DJ Funkmaster Flex and played on his radio show around the time of the album’s release. In the case, Chapman has argued that Minaj is liable for leaking the track to “Flex,” as he is known, but also that she is liable for infringement just for making the recording in the first place—i.e. that she would be on the hook even if she had nothing to do with leaking the track to Flex.

Fortunately, the court agreed with Eric and his BGR colleague Pete Ross that it is okay for artists to experiment with copyrighted materials owned by third parties in studio sessions so long as they do not intend to commercially distribute any resulting recordings without appropriate licenses. The ruling has a significant and direct impact within the sample-heavy hip hop industry, but it stands for a principle that is important to the efficient functioning of the creative industry in general. As a result, the ruling was widely covered in the press in sources like Hollywood Reporter, Variety, and Pitchfork. You can read BGR’s own summary here and read the full court opinion here.