Creatives In Music 3 - Drake wins 'Fair Use' case
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vor 5 Jahren
Drake's recent win regarding the use of Jimmy Smith's statement
inside of his 'Pound Cake' instrumental is a great example of the
difference between Master and Publishing rights.
if music was like a book.
The book itself (pages, font, ink etc) is what the Record Labels
own and sell to make money. it's the product or the file it
travels in.
The story within the book, is the composition. it's intangible,
but it has a value. This is what the Publisher owns, and they
ensure the writer gets paid for every use or reference of the
story.
In this case, Drake got permission to make a book with some of
their pages, but he did not get permission to use some of the
story. 'Fair Use' ruled that the piece of Jimmy Smith's story
that was used did not add, subtract or change the value of
Drake's story, despite the pages being there, so no permission in
this case was required.
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