“ Midler was not seeking damages for copyright infringement of the song itself, but rather for the use of her voice which she claimed was distinctive of her person as a singer.”

Whereas Roc Nation is making a claim that the videos infringe on Jay Z’s copyrights, as well as another claim that they impersonate him without permission.

In the Midler vs Ford case, Ford had already secured permission from the copyright holder for the performance.

It’s quite a different case.