Drake has reaffirmed victory in a lawsuit over sampling 1982’s “Jimmy Smith Rap” in his song “Pound Cake/Paris Morton Music 2.” After originally winning the case in 2017, the OVO leader won yet again in the Second Circuit Court of Appeals on Monday (February 3).
The estate of Smith’s appeal was unsuccessful as a panel of judges agreed with the original ruling of fair use, declaring Drake’s usage of “Jimmy Smith Rap” to be transformative. The judgment also determined “Pound Cake,” which appeared on 2013’s Nothing Was The Same, didn’t “usurp demand” for Smith’s track or “otherwise cause a negative market effect.”
In a summary of the decision, the judges explained why Drake’s song was deemed to be transformative.
“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,” the summary reads. “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 explanation continued, “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. In this manner, ‘Pound Cake’ criticizes the jazz-elitism that the ‘Jimmy Smith Rap’ espouses. 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.'”
Read the court’s full ruling here, courtesy of The Hollywood Reporter.
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old niggas just tryna get a check
If u had only 1 hit that sells ok .. and someone samples ur shit and makes millions, u would sue that rapper too to get a piece of the pie lol
Young niggaz are trying to get checks too. Everybody is trying to get checks idiot.
Drake allways winnin. All these old rappers need to shine drakes shoes for a living. Drake outsells all your favourite rappers combinee in 2020. He runs the rap game and makes you stuck in the 90s losers mad that your favourite rappers need a drake feature to sell records. Drake has the rap game by the throat.
You need to remind them more often bro.
Yo Bro! Other artists sell more records than drake but he run things. Stop having wet dreams about drake. Find yourself a real woman.
Mos Def, continue to be you.
Drake runs shit? Drake is a white boy with black ghostwriters. Any one can sell out and make more money. Drake is nothing special. You lil kids like the wackiest shit possible. Drake and lil wayne are closet homos. Drake fucks hookers to prove his masculinity. Lil Wayne tongue kiss es men. Your generation needs help. The generation at hand wears dresses, pocketbooks, skinny jeans like women. We were smooth criminals. You guys are in elementary school learning your a, b,c’s. Hip hop is forever! Rap burns out!
Should pound cake is ass!