A sound recording is inherently fixed because it is recorded. Musical works encompass both music and lyrics and become copyrightable material once they are “fixed in a tangible medium of expression,” such as being written down. can be perceived, reproduced, or otherwise communicated.” There are two distinct components of music that are protected under the 1976 Copyright act: (1) musical works and (2) sound recordings. The 1976 Copyright Act extends copyright protection to “original works of authorship fixed in any tangible medium of expression. Part III will discuss the implications of the ruling and whether it signals copyright law is headed in the right direction. Part II will give an overview of the case. Part I will discuss the history of fair use in copyright law. This Post will discuss the issues surrounding Drake’s victory in this copyright case. Although this decision faces several limitations, the opinion presents a unique perspective on how sampling should be viewed. Commentators have called this victory noteworthy and industry-shattering. As a result, Drake’s victory is unique because it did not fit within one of the neatly created exceptions, but rather grappled with the law on a new level. Because of limited use of the defense and strict anti-sample case law, it is unlikely for an artist to succeed on this defense, unless the work meets one of the exceptions outlined in § 107 of the Copyright Act. This decision is notable because fair use is considered a risky defense in copyright infringement cases. Drake asserted a fair use defense and won on summary judgment. Although Drake’s team licensed part of JSR, the Estate of Jimmy Smith sued Drake based on the unlicensed use of the composition of the sample. In May 2017, the Estate of Jimmy Smith sued Aubrey Drake Graham (“Drake”) for the unlicensed use of the spoken-word piece “Jimmy Smith Rap” (“JSR”). But what the photographer is to the painter is what the modern DJ and computer musician is to the instrumentalist. True, just like it’s probably easier to snap a picture with that camera than it is to actually paint a picture. STARTED FROM THE BOTTOM: WHAT DRAKE’S FAIR USE WIN MEANS TO THE FUTURE OF MUSIC SAMPLINGīy: Veena Tripathi, Volume 102 Staff Member
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