#Drake pound cake beat license

This is a rare victory for recording artists that sample other copyrighted works. For the fourth factor, both courts agreed that DrakeвЂ™s song would not affect the market or value of SmithвЂ™s record because the two works appealed to different audiences. The third factor was considered satisfied because the use of the sample at its length was reasonable in relation to its purpose. вЂњIn this manner, вЂPound CakeвЂ™ criticizes the jazz-elitism that the вЂJimmy Smith RapвЂ™ espouses.вЂќ The second factor of the copyrighted workвЂ™s nature was of limited use to the courts because DrakeвЂ™s use of the song was already found to be transformative. Drake took SmithвЂ™s words and transformed them into a critique, stating that вЂњreal musicвЂќ (regardless of genre) will last in comparison to all other types of music. SmithвЂ™s spoken word aspect in the sample made it easier to transform and also satisfy the first factor of the fair use test as an imbuement вЂњwith a character, different from which it was created.вЂќ The Second Circuit believed SmithвЂ™s original record was a commentary on jazz being вЂњreal musicвЂќ in relation to other genres. Nevertheless, the district court as well as the Second Circuit found that SmithвЂ™s sample in вЂњPound CakeвЂќ satisfied all four of the fair use factors. In the past few years, courts have sided with plaintiffs claiming infringement when their music was sampled. Furthermore, melodic samples are more easily found to be protected, therefore failing to satisfy the first factor of the fair use test. Judges usually do not go the lengths to determine whether the music in question has a transformative purpose. When it comes to sampling, itвЂ™s pretty rare to succeed on a fair use defense. Since DrakeвЂ™s label did not obtain this license, SmithвЂ™s Estate embarked on a 6-year-long legal battle against Drake and Cash Money Records claiming copyright infringement of the written composition.ДrakeвЂ™s best legal defense is premised on an age-old doctrine known as fair use which stresses that any use by reproduction in copies for purposes like вЂњcriticism, comment, news reporting, teaching, scholarship, or research is not an infringement of copyright.вЂќ The factors considered to determine fair use are: (1) the purpose and character of the use (including whether it is commercial or nonprofit) (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.

#Drake pound cake beat license

ДЇor DrakeвЂ™s song Pound Cake, (featured on his 2013 album, Nothing Was the Same), Drake samples Jimmy SmithвЂ™s spoken word record, вЂњJimmy Smith Rap,вЂќ to creatively allude to his own albumвЂ™s recording process and add commentary on the longevity of вЂњreal music.вЂќ DrakeвЂ™s label obtained the recording license of вЂњJimmy Smith Rap,вЂќ but not the composition license. sheet music) and the license for the original sound recording. There are normally two licenses that are required for a sample clearance: the license for the original musical composition (i.e. When it comes to sampling in music, artists and producers must go through a structural process of obtaining licenses to incorporate other works into their own. All that other bullsh** is here today and gone tomorrowвЂ¦вЂќД®arlier this year, the Second Circuit Court of Appeals affirmed a major decision holding recording artist Aubrey вЂњDrakeвЂќ GrahamвЂ™s sampling of Jimmy Smith as fair use.