TCA, 839 F.3d at 180.īecause the Court found that the work was transformative, it held that the second factor, the nature of the copyrighted work, was of “ limited usefulness.” Additionally while “Pound Cake” borrowed language from the “Jimmy Smith Rap,” “the amount used reasonable” because it was “necessary to emphasize its own message: that the ultimate attribute of music is its authenticity, not the production process that created it.” Therefore, the Court also found that the third factor supported a finding a fair use. Because of the differing messages posed in each song, Drake used the copyrighted work for “a purpose, or imbue it with a character, different from that for which it was created.” Thus, the first factor weighed in favor of fair use, the Court explained. 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 LIL DICKY 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. Whether it’s Rumer Willis blowing us away with her LIVE in-studio singing, a raw and real conversation with Kanye West, or the random (but really impressive) celebrity freestyles, Sway in the Morning always leaves us feeling some type of way.Drake prevails again – this time at the Second Circuit. In between Sway chatting with celebrity guests about their current and upcoming work, there are always tons of surprises. It is almost like you are in the Shade 45 studio every morning with Sway and his co-hosts Heather B. Sway is known for his laid-back interviews that get our morning started on the right foot during his show Sway in the Morning (Ch. and Tracy G., SiriusXM subscribers and specials guests! Hear the entire broadcast On-Demand.
We celebrated Shade45 host Sway Calloway’s seven-year anniversary on SiriusXM with a LIVE broadcast Friday morning packed with celebrity guests and fans – and looking back on our favorite Sway moments!ĭuring the Sway in the Morning 7th anniversary broadcast, the hip-hop icon and journalist shared some of his favorite stories from on and off the air with his co-hosts Heather B.
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