Drake — Appeals Court Sides w/ Rapper In Copyright Infringement Lawsuit Over “Pound Cake”
The song includes this sample from a 1982 spoken-word recording called, “Jimmy Smith Rap:”
“Good God Almighty—like back in the old days…You know, years ago they had the A&R men to tell you what to play, how to play it and you know whether it’s disco and rock but we just went in the studio and we did it. We had the champagne in the studio, of course—compliments of the company—and we just laid back and did it. So we hope you enjoy listening to this album half as much as we enjoyed playing it for you. Because we had a ball. Only real music is gonna last—all the other bullsh*t is here today and gone tomorrow…”
Monday (Feb. 2), the Second Circuit Court of Appeals affirmed the previous judgment of “fair use” of the copyrighted work – a rare ruling in music publishing suits, according to reports. The panel of judges’ official statement read:
“‘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.’”
“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. 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.”
Read Drake’s victorious court ruling in its entirety here.
Written by Miata Shanay