We know when it comes to using someone’s intellectual property the rule is always seek permission. Well, this week I’ve read two cases of artists who did, in fact, seek permission BUT when their request was met with denial they moved forward anyway. Choosing to ask forgiveness instead.
Case 1. Kendrick Lamar and SZA’s All The Stars music video uses visual artist Lina Iris Viktor. Viktor stated in an interview with the New York Times that she was contacted twice by Black Panther representative about using her work in the promotional material for the film however she didn’t like the terms and declined. Fast forward one month. She noticed her signature gold patterned style in a 19-second scene in the All The Stars video.
Case 2. Nicki Minaj leaks her track with Nas that uses Tracey Chapman’s Baby Can I Hold You. The song was supposed to be on her new album but was pulled because she couldn’t clear the sample. Fast forward a few months and Nicki allegedly leaked the song to Funkmaster Flex who teased it on his social media before playing on air that night. After that it was a wrap. The song was picked up on another station and soon made its way around the internet.
This brings us to the Atlanta rap group Migos is being sued for copyright infringement for their song "Walk it Like I Talk it" by rapper M.O.S. He claims the group stole the hook from a song he wrote and published 10 years ago.
It’s important to note that after he heard Migos version of the song he filed his copyright. Then he filed his lawsuit. Remember, you cannot file a copyright infringement lawsuit without a federally registered copyright.
Top 3 Takeaways
1. File your copyright before you publish if possible but definitely before the infringement.
2. Moving forward using someone's copyrighted work after they told you no is evidence of willful infringement.
3. Willful infringement can hurt your pockets and get you locked up
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