![]() ![]() ![]() Taking on one element of fair use, it reads, “A work is transformative when it ‘uses the copyrighted material itself for a purpose, or imbues it with a character, different from that for which it was created.’ ‘Pound Cake’ does just that. The order goes into substantial detail in looking at the passage in question, which features Drake and Jay-Z rapping. The decision is unusual, not only because fair-use rulings are rare in songwriting cases, but also because in this era courts are largely favoring plaintiffs in cases like Robin Thicke and Pharrell’s “Blurred Lines” and Katy Perry’s “Dark Horse.” The news was first reported by The Hollywood Reporter. Drake’s song appeared on his 2013 album “Nothing Was the Same.” You speak from inside, you are not influenced by outside forces, or by ostentatious people.The Second Circuit Court of Appeals affirmed today that Drake’s use of the 1982 recording “Jimmy Smith Rap” in his song “Pound Cake/Paris Morton Music 2” was fair use of the copyrighted work. Somebody could scrub floors, wear down their battered knees, and wither away at their nimble fingers but keep scrubbing with pleasure because they are passionate about what they do. Since ’07 I been having you on heavy rotation and a passionate man like yourself only deserves to keep surfacing. As I sit some nights contemplating my future endeavors and thinking of my potential next three moves I found refuge in your music. As an aspiring writer attending Berkeley, I have really admired you. Words have vividly luscious meanings that are devoured by an audience. Very few people whether they may be an artist, doctor, international delegate, movie star, attorney, social worker, or even a politician can captivate an individual entity the way you have managed to. As a 20 year old young woman, educated from the floor up I must commend you on your approachability. ![]()
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