Where the “Jimmy Smith Rap” “ espouses” jazz-elitism, “Pound Cake” criticizes it, the Court held. 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. In reaching its decision, the Court was persuaded by the distinctive messages in each song: These included: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes (2) the nature of the copyrighted work (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole and (4) the effect of the use upon the potential market for or value of the copyrighted work. In its decision upholding the district court’s grant of summary judgment to Defendants, the Second Circuit considered a list of four nonexclusive factors to decide whether the work constituted fair use. Pauley held that the use of the copied portions of “Jimmy Smith Rap” was fair use because Drake’s objective was “ sharply different from the in creating it.” Plaintiff appealed that decision in December 2018.
DRAKE POUND CAKE SONG LICENSE
Here is a short recap: In April 2014, the estate of Jimmy Smith sued Drake and his record labels alleging they had infringed the copyright in the musical composition “Jimmy Smith Rap” (note that Drake obtained a license to use the sound recording). On February 3, 2020, the Court of Appeals for the Second Circuit upheld the district court’s grant of summary judgment in favor of Drake, finding that his use of a sample from “Jimmy Smith Rap” in his song “Pound Cake/Paris Morton Music 2” (“Pound Cake”) constituted fair use because it was transformative. Drake prevails again – this time at the Second Circuit.