DRAKE POUND CAKE SALES REGISTRATION
DRAKE POUND CAKE SALES LICENSE

different from that for which it was created.вЂќ As a result, Drake 'criticizes the jazz-elitism that the 'Jimmy Smith Rap' espouses' and therefore uses the copyrighted sample 'for a purpose. Drake achieves his 'counter message' by carefully editing Smith's words and placing them in the context of (and at the very beginning of) a nearly seven-minute long song in which Drake and Jay-Z rap about the greatness and authenticity of their work. According to the court, 'Jimmy Smith's Rap' conveys a message 'about the supremacy of jazz to the derogation of other types of music.' (In Smith's own words, jazz is 'the only real music that's gonna last.') By contrast, in 'Pound Cake,' Drake conveys what the court describes as a 'counter message': that all 'real music,' regardless of genre, reigns supreme. Purpose and Character of Use.В The Second Circuit agreed with the district court that Drake's use of 'Jimmy Smith Rap' in 'Pound Cake' was transformative and that, therefore, the first fair use factor favored the defendants. Here's a rundown of the court's decision. The Second Circuit affirmed in a summary decision. The district court granted summary judgment for Drake and the other defendants on fair use grounds.

DRAKE POUND CAKE SALES REGISTRATION

(More about that in a minute.) With registration in hand, the plaintiff's sued. Indeed, the plaintiffs only obtained a registration after Drake's album dropped. Why? Perhaps because Smith never secured a copyright registration for the work during his lifetime.

DRAKE POUND CAKE SALES LICENSE

Interesting fact: Drake and the other defendants obtained a license to use the sound recording of 'Jimmy Smith Rap,' but not the underlying composition. This redline shows Drake's modifications: Pound Cake opens with a 35-second sample from 'Jimmy Smith Rap.' Drake edited out about half of Smith's original words, changed ' jazz is the only real music thatвЂ™s gonna last' to ' only real music is gonna last,' and reordered things so the modified phrase comes at the very end of the sample. In 2013, Drake, a Canadian musician of some renown, released the song вЂњ Pound Cake/Paris Morton Music 2вЂќ (вЂњPound CakeвЂќ), featuring vocals by Jay Z, a Brooklyn recording artist of some renown. The plaintiffs are the successors in interest to the copyright in 'Jimmy Smith Rap.' Drizzle as much as you like over the cake with a fork or spoon.In the early 1980s, Jimmy Smith, an American jazz musician of some renown, recorded the album Off the Top,В consisting of six instrumental jazz recordings and a spoken-word piece titled вЂњ Jimmy Smith Rap.вЂќ In his rap, Smith shares the behind-the-scenes story of how Off the TopВ got made, explaining that he and his collaborators had decided to make 'a straight edge Jazz' record because 'jazz is the only real music thatвЂ™s gonna last.' Smith died in 2005. Whisk the confectioners' sugar and maple syrup together, adding a few drops of water if necessary, to make the glaze runny. Carefully transfer the cake, streusel side up, onto a serving plate. Let cool on a wire rack for at least 30 minutes. Bake for 50 to 60 minutes, until a cake tester comes out clean. Spoon the rest of the batter in the pan, spread it out, and scatter the remaining streusel on top.

Spoon half the batter into the pan and spread it out with a knife. Finish stirring with a spatula to be sure the batter is completely mixed.ДЇor the streusel, place the brown sugar, flour, cinnamon, salt, and butter in a bowl and pinch together with your fingers until it forms a crumble. With the mixer on low, add the flour mixture to the batter until just combined. In a separate bowl, sift together the flour, baking powder, baking soda, and salt. Add the eggs 1 at a time, then add the vanilla and sour cream. Grease and flour a 10-inch tube pan.Д¬ream the butter and sugar in the bowl of an electric mixer fitted with the paddle attachment for 4 to 5 minutes, until light.

Drake pound cake sales