In the original, Smith says, “Jazz is the only real music that’s gonna last. Pauley III broke down how the use of the sample constitutes fair use. Yesterday, a judge determined that the sample is fair use and therefore, there’s no liability for copyright infringement, THR reports. Back in 2014, Drake was sued for copyright infringement over the spoken word sample that opens his Jay Z-featuring Nothing Was the Same track “Pound Cake/Paris Morton Music 2.” The lawsuit was brought by the estate of jazz musician Jimmy Smith, whose 1982 song “Jimmy Smith Rap” gets prominently sampled on Drake’s track.
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