![]() “The message of the ‘Jimmy Smith Rap’ is one about the supremacy of jazz to the derogation of other types of music, which–unlike jazz–will not last,” the summary reads. In a summary of the decision, the judges explained why Drake’s song was deemed to be transformative. The judgment also determined “Pound Cake,” which appeared on 2013’s Nothing Was The Same, didn’t “usurp demand” for Smith’s track or “otherwise cause a negative market effect.” The estate of Smith’s appeal was unsuccessful as a panel of judges agreed with the original ruling of fair use, declaring Drake’s usage of “Jimmy Smith Rap” to be transformative. ![]() Drake has victory in a lawsuit over sampling 1982’s “Jimmy Smith Rap” in his song “Pound Cake/Paris Morton Music 2.” After originally winning the case in 2017, the OVO head won yet again in the Second Circuit Court of Appeals on Monday (February 3).
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