The Federal Court is the preferred (though not exclusive) Summary judgment and summary trials in theįederal Court are designed to promote affordable, timely and just adjudication Management regime, which allows parties to agree to have the court adjudicate some The Federal Court of Canada has a robust case Parties can spend years and hundreds of thousands of dollars on discovery, production Have needlessly spent a tremendous amount of resources on issues that do not Issues, despite the case turning on the fair dealing analysis, all parties will
#Drake pound cake karaoke trial
If the court must undertake a fulsome trial of all Work constitutes fair dealing, the defendant will not be held liable forĬopyright infringement. Like fair use in the United Sates, if aĬanadian court finds that the defendant’s use of the plaintiff’s copyrighted That provide for the just, most expeditious and least expensive determination In Canada, courts are instructed to use procedures The 80’s (or hearing lengthy evidence on this issue). The dispute without making factual findings on Mr. On whether Drake’s sampling of JSR constituted fair use, the court was able to adjudicate Witness on ownership in the work, Jimmy Smith, was deceased. This case, there was a dispute over copyright ownership in JSR. Resources trying to prove whether copyright subsists in a 40-year-oldĬomposition and whether the defendants engaged in any substantial taking. Resolved at summary judgment, the parties would have spent significant Non-cumulative evidence will be presented at trial. Summary judgment in fair use cases may be appropriate where there is only a slight chance that additional, Was one such case in respect of the fair dealing analysis. Will do so when there are no genuine issues of material fact in dispute. Statement on the relevance and staying power of “real music”, regardless ofĪlthough the lower court cautioned that courtsĪre typically wary about granting summary judgment in copyright matters, they Transformed Jimmy Smith’s dismissive comment about other trendy music into a In doing this, the court found that Drake DrakeĮdited the JFR recording from “Jazz is the only real music that’s gonna last” That Pound Cake fundamentally altered the message of the original work. The court accepted the defendants’ argument The jury if the court could not make an affirmative finding of fair use in the The constituent original elements of JSR.
The plaintiffs’ retained copyright in JSR or (ii) Pound Cake’s sampling copied TheĬourt made this finding despite findings that it could not determine whether (i) Of fair use, which is an affirmative defence to copyright infringement. Held that the transformative nature of Pound Cake brought it within the spectrum The court dismissed the plaintiff estate’s action.
#Drake pound cake karaoke license
Jimmy Smith’s estate would not have granted a license for the compositionīecause Jimmy Smith “wasn’t a fan of hip hop”. The opening to Pound Cake samples approximately 35 Like JSR, the track named Pound Cake (featuring Jay Z) is the Republic Records released Drake’s album Nothing In 2013, Cash Money Records and Universal All that otherīullshit is here today and gone tomorrow. Jazz is the only real music that’s gonna last. The last track is JSR, a spoken word recording. In 1982, he recorded the album Off the Top. The late James Oscar Smith (aka Jimmy Smith) On whether the defendant’s use of copyrightable expression constitutes fairĭealing, parties should be able to use summary proceedings to determine these When dealing with claims for copyright infringement. The litigation procedure used by the AmericanĬourt in this case informs available procedures that Canadian courts can adopt Owner’s permission without being found liable for copyright infringement. Though there are nuancedĭifferences between fair dealing and fair use, at theirĬore, both concepts enable users to use copyrighted expression without the The lower court’s 2017 finding that Pound Cake’s sampling of “Jimmy Smith Rap”Īmerican equivalent of Canada’s “fair dealing”). Of the Estate of James Oscar Smith and Hebrew Hustle Inc. In February 2020, the United States Court ofĪppeals for the Second Circuit released its summary order dismissing the appeal Hit song “Pound Cake/Paris Morton Music 2” (“ Pound Cake”).
Claim for copyright infringement for sampling a jazz musician’s composition in the