The Jimmy Smith Rap is a copyrighted rap recording asserting the supremacy of jazz over other types

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The “Jimmy Smith Rap” is a copyrighted rap recording asserting the supremacy of jazz over other types of music. Released thirty years later, “Pound Cake” is a hip-hop song in which Aubrey Graham and Shawn Carter, professionally known as Drake and Jay-Z, rap about the greatness and authenticity of their work. At the beginning of the seven-minute-long “Pound Cake” is a sampling of thirty-five seconds of the “Jimmy Smith Rap.” Criticizing jazz elitism, “Pound Cake” emphasizes that it is not the genre but the authenticity of the music that matters. The release of “Pound Cake” had no effect on the demand for the “Jimmy Smith Rap,” for which there was no active market at the time. Did Drake and Jay-Z make “fair use” of the “Jimmy Smith Rap,” or were they liable for copyright infringement? Explain. [Estate of Smith v. Graham, 799 FedAppx36 (2d Cir. 2020)]

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The Legal Environment Today

ISBN: 9780357635636

10th Edition

Authors: Roger LeRoy Miller, Frank B Cross

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