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.
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In this manner, ‘Pound Cake’ criticizes the jazz-elitism that the ‘Jimmy Smith Rap’ espouses. According to TMZ, no permission was ever given to use the snippet and now Smith's estate is seeking more than 300,000 in compensation from Drake, Cash Money and others. 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. 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 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. 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. Drake sued over sle in morton music Drake - pound morton music 2 (feat. were also named in the lawsuit alongside Drake, Cash Money, Universal, EMI. Drake- pound cake paris morton music 2 (feat.
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The order goes into substantial detail in looking at the passage in question, which features Drake and Jay-Z rapping. But after the release of Pound Cake, the jazz musicians legacy was legally. A New York federal judge ruled Wednesday that Drake was protected by copyrights fair use doctrine when he sampled a spoken-word jazz track on his 2013 song 'Pound Cake,' saying the hip-hop star. The decision is unusual, not only because fair-use rulings are rare in songwriting cases, but also because in this era courts are largely favoring plaintiffs in cases like Robin Thicke and Pharrell’s “Blurred Lines” and Katy Perry’s “Dark Horse.” The news was first reported by The Hollywood Reporter. The estate sued Drake in 2017 for using the 1982 spoken-word recording, 'Jimmy Smith Rap', in his song, but the. Drake’s song appeared on his 2013 album “Nothing Was the Same.” Jimmy Smith estate claims rapper didnt have rights to use Jimmy Smith Rap. Many of us are probably familiar with Drake's 'Pound Cake/Paris Morton Music 2'.
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The Second Circuit Court of Appeals affirmed today that Drake’s use of the 1982 recording “Jimmy Smith Rap” in his song “Pound Cake/Paris Morton Music 2” was fair use of the copyrighted work.