Drake pound cake court case trial#
By doing so, it uses the copyrighted work for ‘a purpose, or imbues it with a character, different from that for which it was created. This Pound Cake case had those elements as well, but this one is now ending at the trial court because U.S.
In this manner, ‘Pound Cake’ criticizes the jazz-elitism that the ‘Jimmy Smith Rap’ espouses. Drake has preserved his victory in a lawsuit that alleged he violated copyright by sampling a 1982 spoken-word recording, 'Jimmy Smith Rap,' in his own work, 'Pound Cake/Paris Morton Music 2,' off. It wrote Jimmy Smith Rap extols the supremacy of jazz over all other forms of music, while Drake and featured artist Jay-Z subvert that message in Pound Cake. Through both the alteration of the ‘Jimmy Smith Rap’ and the rest of the rap’s lyrics, ‘Pound Cake’ emphasizes that it is not the genre but the authenticity of the music that matters. The court noted that a work is considered transformative when it uses copyrighted material for a purpose other than the one for which it was created. Beyond the text of the lyrics themselves, ‘Pound Cake’ situates its sampling of approximately thirty-five seconds of the ‘Jimmy Smith Rap’ at the beginning of an approximately seven-minute-long hip-hop song in which Drake and Shawn Carter, professionally known as Jay-Z, rap about the greatness and authenticity of their work. On the other hand, ‘Pound Cake’ sends a counter message - that it is not jazz music that reigns supreme, but rather all ‘real music,’ regardless of genre. The statutory factors support our conclusion in this case.
The message of the ‘Jimmy Smith Rap’ is one about the supremacy of jazz to the derogation of other types of music, which - unlike jazz - will not last. We agree with the district court that Defendants use of the 'Jimmy Smith Rap' in 'Pound Cake' is fair use. Taking on one element of fair use, it reads, “A work is transformative when it ‘uses the copyrighted material itself for a purpose, or imbues it with a character, different from that for which it was created.’ ‘Pound Cake’ does just that. The issue arose when Drake edited the line Jazz is the only real music that’s gonna last. The order goes into substantial detail in looking at the passage in question, which features Drake and Jay-Z rapping. A quick primer: Drake’s song Pound Cake opens with Jimmy Smith (noted jazz musician) talking, which comes from Jimmy Smith’s Rap. People of Color Fare Better in Music, 'A Stark Contrast From Film Industry,' Study FindsĪdele, Taylor Swift, Drake Dominate RIAA's Decade-End Albums Chartġ0 Things We Learned From Drake's Rap Radar Interview
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