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Transformed Jimmy Smith’s dismissive comment about other trendy music into a In doing this, the court found that Drake DrakeĮdited the JFR recording from “Jazz is the only real music that’s gonna last” That Pound Cake fundamentally altered the message of the original work. The court accepted the defendants’ argument The jury if the court could not make an affirmative finding of fair use in the The constituent original elements of JSR. The plaintiffs’ retained copyright in JSR or (ii) Pound Cake’s sampling copied TheĬourt made this finding despite findings that it could not determine whether (i) Of fair use, which is an affirmative defence to copyright infringement. Held that the transformative nature of Pound Cake brought it within the spectrum The court dismissed the plaintiff estate’s action.
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Jimmy Smith’s estate would not have granted a license for the compositionīecause Jimmy Smith “wasn’t a fan of hip hop”. The opening to Pound Cake samples approximately 35 Like JSR, the track named Pound Cake (featuring Jay Z) is the Republic Records released Drake’s album Nothing
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In 2013, Cash Money Records and Universal All that otherīullshit is here today and gone tomorrow. Jazz is the only real music that’s gonna last. The last track is JSR, a spoken word recording. In 1982, he recorded the album Off the Top. The late James Oscar Smith (aka Jimmy Smith) On whether the defendant’s use of copyrightable expression constitutes fairĭealing, parties should be able to use summary proceedings to determine these When dealing with claims for copyright infringement. The litigation procedure used by the AmericanĬourt in this case informs available procedures that Canadian courts can adopt
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Owner’s permission without being found liable for copyright infringement. Though there are nuancedĭifferences between fair dealing and fair use, at theirĬore, both concepts enable users to use copyrighted expression without the The lower court’s 2017 finding that Pound Cake’s sampling of “Jimmy Smith Rap”Īmerican equivalent of Canada’s “fair dealing”). Of the Estate of James Oscar Smith and Hebrew Hustle Inc. In February 2020, the United States Court ofĪppeals for the Second Circuit released its summary order dismissing the appeal Hit song “Pound Cake/Paris Morton Music 2” (“ Pound Cake”). Claim for copyright infringement for sampling a jazz musician’s composition in the