Judge Pauley disagreed, saying the sample’s length is “reasonable in proportion to the needs of the intended transformative use.

Smith’s estate also argued that by using 35 seconds of the minute-long track, Drake “appropriated an unreasonable portion” of the song. 2013 was big for the Canadian-born artist. All that other bullshit is here today and gone tomorrow.” Judge Pauley notes that Smith’s original “is an unequivocal statement on the primacy of jazz over all other forms of popular music” while Drake’s version turns it into “a statement that ‘real music,’ with no qualifiers, is ‘the only thing that's gonna last.’”īecause the purpose of the “Pound Cake” edit is “sharply different” from Smith’s original message, Judge Pauley argues Drake’s use “adds something new” and is “transformative.” Therefore, he writes, “this factor weighs in favor of a finding of fair use.” Like back in the old days, when it was impossible to clear a sample Advertisement Now it looks like some things stayed the same for Drake. But jazz was, is and always will be.” In Drake’s version, it’s cut down to, “Only real music's gonna last. All that other bullshit is here today and gone tomorrow. In the original, Smith says, “Jazz is the only real music that’s gonna last. Pauley III broke down how the use of the sample constitutes fair use.

Yesterday, a judge determined that the sample is fair use and therefore, there’s no liability for copyright infringement, THR reports. Back in 2014, Drake was sued for copyright infringement over the spoken word sample that opens his Jay Z-featuring Nothing Was the Same track “Pound Cake/Paris Morton Music 2.” The lawsuit was brought by the estate of jazz musician Jimmy Smith, whose 1982 song “Jimmy Smith Rap” gets prominently sampled on Drake’s track.

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