Jimmy Smith was a pioneer of jazz on the Hammond B3 electric organ. One of this albums included a spoken word track where he claimed “jazz is the only real music that’s gonna last”.
Drake used this sample to say that “only really music is gonna last” and the Court deemed this Fair Use under Copyright Law.
Let’s find out why.
Smith v. Drake (SDNY 2017) Opinion: [pdf-embedder url=”http://lawfulmasses.com/wp-content/uploads/securepdfs/2018/04/SmithCashMoneyOpinion.pdf”]