![]() ![]() Most notable is why-i.e., the district court found fair use by comparing the underlying messages contained in the musical numbers, and found Drake’s version transformed the character of the original by adding a new meaning. The district court ruled in Drake’s favor, finding his sampling constitutes fair use. All that other bullshit is here today and gone tomorrow.” Pound Cake: “Only real music’s gonna last. All that other bullshit is here today and gone tomorrow. Jimmy Smith’s Rap: “Jazz is the only real music that’s gonna last. In an apparent win for musicians seeking to sample other’s works, on February 3, 2020, the Second Circuit declined to revive a copyright lawsuit against hip-hop musician Drake for his sampling of a 1980s spoken-word jazz recording, allowing the district court’s ruling to stand.īack in April of 2014, the estate of musician Jimmy Smith sued Drake for copyright infringement, alleging Drake’s 2013 hit “Pound Cake” improperly incorporated a 35-second sound clip from Jimmy’s spoken-word jazz track, “Jimmy Smith Rap.” The key line from each song is:
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