Drake scored a big win as the Second Circuit affirmed his use of another work in one of his songs as “fair use.” Estate of Smith v. Graham, 799 F. App’x 36 (2d Cir. 2020). The original lawsuit alleged Drake violated a copyright by sampling a 1982 word recording, “Jimmy Smith Rap,” in his own song, “Pound Cake.”

In April 2014, the estate of Jimmy Smith filed suit against Drake, alleging infringement of the copyright of “Jimmy Smith Rap.” It is worthwhile to note that Drake had actually obtained a license to the sound recording, but not the composition. In 2017, the District Court ruled that the portion of “Jimmy Smith Rap” used in Drake’s song was fair use because Drake’s objective was “sharply different from the [original artist’s goals] in creating it.” Estate of Smith v. Cash Money Records, 253 F. Supp. 3d 737, 750 (S.D.N.Y. 2017).