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Drake wins “Pound Cake” sample lawsuit in appeals court

Drake gets “fair use” win in “Pound Cake” sampling case.

Drake Instagram/@champagnepapi

Drake scored a big win in appeals court against a lawsuit alleging that he violated copyright when he sampled a a spoken word piece.

According to The Hollywood Reporter, Drake was sued for sampling a spoken word recording called, “Jimmy Smith Rap,” for his song, “Pound Cake/Paris Morton Music 2,” off his Nothing Was the Same album. On Monday (Feb. 3), the Second Circuit Court of Appeals declared the ruling of “fair use” of the copyrighted work.

The summary judgment order states, “‘Pound Cake’ does just that. 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.”

The judges also declared that, “‘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.’”

Drake recently dropped a surprise track with Future titled “Desires” on OVO’s soundcloud account. This is the pair’s second collaboration for the new year, following their hit “Life Is Good.” “Life Is Good” peaked at No. 2 on the Billboard Hot 100.

Drake is currently working on new music for his forthcoming album. He told “Rap Radar’s” Elliot Wilson and B. Dot that he is taking his time working on his new music.

“I’ll go like three weeks in between making songs, just because like I’m just kind of enjoying life,” he said. “I’m enjoying living, going out with people. Investing in personal connections, and it’s just making my music better.”

Read the court’s full ruling here.

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