![]() ![]() ![]() In his role, Pietz primarily handles intellectual property and entertainment matters, business disputes, class actions, and related insurance issues. ![]() Morgan Pietz, partner at Gerard Fox Law recently sat down with IPWatchdog to discuss Drake’s case and what it means to music copyright. When it comes to documentaries and less abstract art forms, judges can figure out whether use of copyrighted material is transformative, however, in disputes over song sampling, parties have tended to wage fights over other issues like ownership records and whether the copying is sufficiently substantial. Pauley said Drake’s purpose in doing so was sharply different from the original artist’s goals in creating it.ĭrake’s recent copyright victory is noteworthy because rulings of fair use are rare in songwriting. Drake used 35 seconds of Jimmy Smith’s 1982 “Jimmy Smith Rap” without clearing the clip, but Judge William H. Drake’s recent copyright victory is noteworthy because rulings of fair use are rare in songwriting.Ī few weeks ago, a New York federal judge ruled that Hip-Hop Artist Drake was protected by copyright’s fair use doctrine when he sampled a spoken-word jazz track on his 2013 song “Pound Cake,” saying the artist had transformed the purpose of the clip. ![]()
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