Toronto’s very own has recently been sued for copying the lyrics of jazz musician Jimmy Smith. Can you guess who?
Yeup, that’s right, Drake has been making headlines about his music but not in a good way. In fact, this dispute was commenced over a song that was released on his 2013 album. The rapper’s song Pound Cake/Paris Motron Music 2 features Jay Z and includes the lyrics, “Only real music’s gonna last. All that other bulls*** is here today and gone tomorrow.”
The original Jimmy Smith song, on the other hand, states, “Jazz is the only real music that’s gonna last […] All that other bulls*** is here today and gone tomorrow. But jazz was, is and always will be.”
Smith’s team argued that the late musician would not have approved such usage of his lyrics as the musician t did not like hip-hop. However, the court held that the Drake track transformed Smith’s words enough to qualify for fair use.
Drake may have escaped liability for copyright infringement this time, but given the extremely similar lyric choice, we’d advise him not to test his luck.
Information derived from The Fashion Law.