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. In this manner, ‘Pound Cake’ criticizes the jazz-elitism that the ‘Jimmy Smith Rap’ espouses. 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. TikTok video from JADA (thejadamusic): 'Literally HAD to try singing this vocal sample by Ellie Goulding from Drake’s Pound Cake elliegoulding drake poundcake voiceeffects'. 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.
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The order goes into substantial detail in looking at the passage in question, which features Drake and Jay-Z rapping. Download Drake Pound Cake Ftf For The Fam Remix Ft Cap Kleen Pry E MP3 secara gratis di. 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. Drake’s song appeared on his 2013 album “Nothing Was the Same.” Songfacts: The outro to Drakes third album, Nothing Was The Same, features two penetrating verses from Jay Z on the first half of the song. Arato represented Cash Money Records, Inc., Universal Republic Records, Universal Music Group Distribution, Corp., and Universal Music-MGB NA, LLC in the district court and on appeal.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. The original lawsuit alleged Drake violated a copyright by sampling a 1982 word recording, Jimmy Smith Rap, in his own song, Pound Cake. Pauley III of the Southern District of New York.
The unanimous Second Circuit decision affirmed a May 2017 decision by Judge William H. The Second Circuit held that the use of “Jimmy Smith Rap” on “Pound Cake” was a “fair use.” It found that Drake had transformed the original work by altering its message about the “supremacy of jazz to the derogation of other types of music” to celebrate “all ‘real music,’ regardless of genre.” This “imbue with a character, different from that for which it was created.” The appellate court also found that “Pound Cake” used no more than was reasonable, that the two works appealed to different audiences, and that there was no evidence that “Pound Cake” usurped demand for the “Jimmy Smith Rap.” Aubrey Drake Graham, the heirs of jazz musician Jimmy Smith and a company that acquired rights to one of his alleged works sued the rap artist, Drake, his record label, Cash Money Records, Inc., and others, over the use of an edited section of Smith’s spoken word piece, “Jimmy Smith Rap,” at the start of a seven-minute hip hop song, “Pound Cake,” featuring Drake and fellow rap artist Jay-Z.
On February 3, 2020, the Second Circuit ruled in favor of Shapiro Arato Bach clients in a fair use copyright case concerning the transformative use of a spoken-word piece. Shapiro Arato Bach Prevails In Second Circuit Against Suit Claiming Drake Improperly Sampled Work Of Jazz Artist Jimmy Smith