Drake's 'Rap' Sampling Was Fair Use, Says 2nd. Circ.

Law360 (February 4, 2020, 3:07 PM EST) -- The Second Circuit is refusing to revive a copyright lawsuit filed against Drake over his 2013 song "Pound Cake," ruling that the rapper made legal fair use of a sample of a spoken-word jazz track called "Jimmy Smith Rap."

Affirming an earlier decision by a lower court, a three-judge appellate panel ruled Monday that Drake didn't violate copyright law by incorporating a 35-second clip of the 1982 song into the 2013 hit without the proper license.

In ruling that Drake was protected by copyright's fair use doctrine, the court said his song was a "transformative"" new use of the old material....

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