Items tagged "James Oscar Smith v Drake"

Press Release

James Oscar Smith v Drake Decision Marks Another Win for Fair Use

February 5, 2020 amicus brief , Copyright , Fair Use , James Oscar Smith v Drake

Yesterday, the Second Circuit upheld a fair use finding in the case of James Oscar Smith v. Drake. The estate of James Oscar Smith sued the artist Drake (among others), claiming that Drake infringed on the estate’s rights when he sampled “Jimmy Smith Rap” for the opening of his track, “Pound Cake.” The trial court disagreed, holding that the sample was a fair use, and the Second Circuit affirmed that finding on appeal.

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