Drake got a major victory in court on Tuesday (May 30) when a judge ruled in his favor regarding a lawsuit over the use of a Jimmy Smith sample in Drizzy’s 2013 track “Pound Cake/Paris Morton Music 2”.
U.S. District Court Judge William H. Pauley III declared that Drake legally sampled a 1982 spoken-word recording, “Jimmy Smith Rap,” under fair use doctrine and did not commit any copyright infringement, according to the Hollywood Reporter.
The dispute, which began in 2014, centered around the use of Smith’s lyrics. “Jazz is the only real music that’s gonna last,” Smith says his 1982 song. “All that other bullshit is here today and gone tomorrow. But jazz was, is and always will be.” Drake altered the phrase to say, “Only real music’s gonna last. All that other bullshit is here today and gone tomorrow.”
This track appeared on his 2013 album Nothing Was The Same and features Jay Z. The estate of jazz musician Jimmy Smith filed the lawsuit, as Drake’s track used a 35-second sample of his 1982 song “Jimmy Smith Rap.”