So Drake landed a legal Win after a judge decided his sample of “Jimmy Smith Rap” fell under fair use, rather than copyright infringement. This lawsuit was initially filed by the James Smith Estate after Drake used the vocal piece as the introduction of the Jay Z assisted ‘Pound Cake/Paris Morton Music 2.’
Now the Estate claimed that Smith had no love for hip ho, and therefore would not have approved of the sample being used. They went on to argue that if Drake wanted to emphasize the staying power of “real music,” he should have used the one specific line.
“Far from being extraneous to ‘Pound Cake’s’ statement on the importance of ‘real’ music, Defendants’ use of the lines describing the recording of Off the Top serve to drive the point home. The full extent of the commentary is, in this Court’s view, that many musicians make records in similar ways (e.g. with the help of A&R experts or the stimulating effects of champagne), but that only ‘real’ music — regardless of creative process or genre — will stand the test of time.” – Court judge William H. Pauley III