Jun 1, 2017

by liammccarthy


Sampling is an art form and most older musicians just don’t get it. I’m all for giving credit (and royalties) when its due, but some musicians get a ‘lil too cocky when approaching a situation in which their art was used in the slightest.

The most recent high-profile case regarding the legality of sampling within music came as the estate of jazz musician Jimmy Smith sued Drake for the use of his 1982 song “Jimmy Smith Rap” on Drizzy’s Jay Z-assisted cut “Pound Cake.” Though the sample in question undeniably influenced the track (you’ll recognize it as the “Only real music’s gonna last” intro), a judge ruled that it falls under the category of fair use, therefore dismissing the lawsuit.

Judge William Pauley stated: “This is precisely the type of use that ‘adds something new, with a further purpose or different character, altering the first (work) with new expression, meaning or message.”

Adding that Drake’s hit is “sharply different” than Smith’s, the 6 God is completely in the clear. The art of sampling is sure to keep raising concerns throughout the music world and it’ll be interesting to see if it effects future copyright laws.