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The critical question remains how the work in question appears to the reasonable observer, not the quality or accessibility of the commentary.ДЄlthough Drake had attempted to fully clear his right to use the вЂњJimmy Smith Rap,вЂќ he was only able to secure a copyright license to the sound recording, but not one for the written music. But the district court dismissed this argument, noting that, while the average observer needs to identify the target of mockery for parody cases, that is not a universal prerequisite for determining transformative use. Jimmy SmithвЂ™s estate nonetheless argued вЂњPound CakeвЂќ could not be fair use because DrakeвЂ™s fans and other listeners would not be able to recognize Jimmy SmithвЂ™s sample in DrakeвЂ™s version, and thus, these listeners would not immediately identify the criticism or commentary.

And as a result, DrakeвЂ™s use вЂњadds something new, with a further purpose or different character, altering the first work with new expression, meaning, and message.вЂќ

Therefore, the district court found that the purpose of DrakeвЂ™s song is вЂњsharply differentвЂќ from that of Jimmy SmithвЂ™s. Specifically, the district court found Jimmy SmithвЂ™s lyric touts the supremacy of jazz to the derogation of all other musical genres, while DrakeвЂ™s makes a countervailing point that jazz is not king, and instead, вЂњreal musicвЂќ reigns supreme, regardless of genre. Most notable is why-i.e., the district court found fair use by comparing the underlying messages contained in the musical numbers, and found DrakeвЂ™s version transformed the character of the original by adding a new meaning. The district court ruled in DrakeвЂ™s favor, finding his sampling constitutes fair use. All that other bullshit is here today and gone tomorrow.вЂќ Pound Cake: вЂњOnly real musicвЂ™s gonna last. All that other bullshit is here today and gone tomorrow.

Jimmy SmithвЂ™s Rap: вЂњJazz is the only real music thatвЂ™s gonna last. Niggas turned they back on me for no good reason Loyalty is priceless and it's all I need Can't burn a bridge just to light my way Lotta '42 on the flights I'm takin' Pourin' out my soul and it might sound crazy Lotta fallin' outs help me build foundation Never had a lot, this is all I need People never care 'til it's R.I.P.In an apparent win for musicians seeking to sample otherвЂ™s works, on February 3, 2020, the Second Circuit declined to revive a copyright lawsuit against hip-hop musician Drake for his sampling of a 1980s spoken-word jazz recording, allowing the district courtвЂ™s ruling to stand.Д«ack in April of 2014, the estate of musician Jimmy Smith sued Drake for copyright infringement, alleging DrakeвЂ™s 2013 hit вЂњPound CakeвЂќ improperly incorporated a 35-second sound clip from JimmyвЂ™s spoken-word jazz track, вЂњJimmy Smith Rap.вЂќ The key line from each song is: Never had a lot, this is all I need People never care 'til it's R.I.P. Niggas turned they back on me for no good reason Never had a lot, this is all I need Lost individuals is all I see Grab the top spot like 'pardon my reach' Woke up one day and it was all on me If it comes down, it's gon' fall on me Lotta '42 on the flights I'm takin' Long way down from the heights I'm chasin' Just touched down, I was lights out in Vegas Girls checkin' in 'cause my lifestyle dangerous Hard to tell people that I'm all out of favors Call me for songs or they call me for paper Turnin' off my phone for the night now, baby Pourin' out my soul and it might sound crazy Some of my niggas don't love me We should sit down before shit turns ugly We should sit down since you said things about me Niggas turnedвЂ…they back on me for noвЂ…good reason Loyalty is priceless and it's all I need Can't burn a bridge just to light my way Lotta '42 on the flights I'm takin' Pourin' out my soul and it might sound crazy Lotta fallin' outs help me build foundation Never had a lot, this is all I need People never care 'til it's R.I.P. Previously on Ready To Die Never had a lot, this is all I need People never careвЂ…'tilвЂ…it's R.I.P.

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