There was a lot of phenomenal music but for some reason there wasn’t a whole lot that stuck with me or impacted me in a specific way. 2019 was a weird one, there were alot of high profile drops in prog music while the hip hop community saw a larger rate of underground projects come out.
Every number is an album I listened to from front to back in its entirety. Keeping track of the music I listened to was pretty enjoyable and non-taxing, so this list is a continuation of that idea throughout 2019. 186 (“The copyright-clause portion of the Federal Constitution's copyright and patent clause (Art I, 8, cl 8) grants Congress the power to promote the progress of science and useful arts by securing for limited times to authors the exclusive right to their writings.So New Years Eve 2015 I decided that starting the following day I would keep a record of how many albums/mixtapes/EPs etc that I listened to in 2016. Drake – Pound Cake (excerpt) (available at: Fair use may not be a reliable defensive outlet, but if the sampled work has been modified to a point where a court sees it satisfying the 4-factor test, then the purpose of the copyright is preserved and the sampling work still furthers the goal of promoting “the progress of science and useful arts.”
This is a rare victory for recording artists that sample other copyrighted works. For the fourth factor, both courts agreed that Drake’s song would not affect the market or value of Smith’s record because the two works appealed to different audiences. The third factor was considered satisfied because the use of the sample at its length was reasonable in relation to its purpose. “In this manner, ‘Pound Cake’ criticizes the jazz-elitism that the ‘Jimmy Smith Rap’ espouses.” The second factor of the copyrighted work’s nature was of limited use to the courts because Drake’s use of the song was already found to be transformative. Drake took Smith’s words and transformed them into a critique, stating that “real music” (regardless of genre) will last in comparison to all other types of music. Smith’s spoken word aspect in the sample made it easier to transform and also satisfy the first factor of the fair use test as an imbuement “with a character, different from which it was created.” The Second Circuit believed Smith’s original record was a commentary on jazz being “real music” in relation to other genres. Nevertheless, the district court as well as the Second Circuit found that Smith’s sample in “Pound Cake” satisfied all four of the fair use factors.
In the past few years, courts have sided with plaintiffs claiming infringement when their music was sampled. Furthermore, melodic samples are more easily found to be protected, therefore failing to satisfy the first factor of the fair use test. Judges usually do not go the lengths to determine whether the music in question has a transformative purpose. When it comes to sampling, it’s pretty rare to succeed on a fair use defense. Since Drake’s label did not obtain this license, Smith’s Estate embarked on a 6-year-long legal battle against Drake and Cash Money Records claiming copyright infringement of the written composition.ĭrake’s best legal defense is premised on an age-old doctrine known as fair use which stresses that any use by reproduction in copies for purposes like “criticism, comment, news reporting, teaching, scholarship, or research is not an infringement of copyright.” The factors considered to determine fair use are: (1) the purpose and character of the use (including whether it is commercial or nonprofit) (2) the nature of the copyrighted work (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole and (4) the effect of the use upon the potential market for or value of the copyrighted work.
#DRAKE POUND CAKE ZIPPYSHARE LICENSE#
įor Drake’s song Pound Cake, (featured on his 2013 album, Nothing Was the Same), Drake samples Jimmy Smith’s spoken word record, “Jimmy Smith Rap,” to creatively allude to his own album’s recording process and add commentary on the longevity of “real music.” Drake’s label obtained the recording license of “Jimmy Smith Rap,” but not the composition license. sheet music) and the license for the original sound recording. There are normally two licenses that are required for a sample clearance: the license for the original musical composition (i.e. When it comes to sampling in music, artists and producers must go through a structural process of obtaining licenses to incorporate other works into their own. All that other bullsh** is here today and gone tomorrow…”Įarlier this year, the Second Circuit Court of Appeals affirmed a major decision holding recording artist Aubrey “Drake” Graham’s sampling of Jimmy Smith as fair use.
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