What makes Drake’s summary judgment victory against the Estate of James Oscar Smith particularly noteworthy is that rulings of copyright “fair use” are rare in the realm of songcraft. Drake, along with various associated record labels and music publishers, pulled off an impressive achievement on Tuesday by convincing a judge that his song “Pound Cake/Paris Morton Music 2,” off the 2013 album Nothing Was the Same, fairly sampled a 1982 spoken-word recording, “Jimmy Smith Rap,” and that there is no liability for copyright infringement.
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