The Impact of Drake’s Fair Use Copyright Victory on Music Copyright Infringement
3 01 2018[Ed’s note: This is an exceptional case. It doesn’t set judicial precedent and should not be treated as the status quo]
A few weeks ago, a New York federal judge ruled that Hip-Hop Artist Drake was protected by copyright’s fair use doctrine when he sampled a spoken-word jazz track on his 2013 song “Pound Cake,” saying the artist had transformed the purpose of the clip. Drake used 35 seconds of Jimmy Smith’s 1982 “Jimmy Smith Rap” without clearing the clip, but Judge William H. Pauley said Drake’s purpose in doing so was sharply different from the original artist’s goals in creating it.
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