![]() ![]() He also rejected the Smith Estate’s argument the sample on “Pound Cake” was too long by ruling the length was “reasonable.”ĭrake opened “Pound Cake” with an edited sound bite of Smith saying: Judge Pauley’s decision claimed the purpose of Drake’s use of Smith’s work is “sharply different” from the original and the Cash Money star added “something new.” The Hollywood Reporter notes the ruling could establish a new precedent for musicians since “fair use” arguments are not typically used in cases involving the creation of songs. Pauley III ruled Drake’s sampling of “Jimmy Smith Rap” falls under the “fair use” doctrine. The Estate of James Oscar Smith claimed the Nothing Was The Same track illegally used copyrighted material from the jazz musician. (AllHipHop News) Back in 2014, Drake was hit with a copyright infringement lawsuit over his use of a sample on “Pound Cake/Paris Morton Music 2.”
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