The last track is JSR, a spoken word recording. In 1982, he recorded the album Off the Top. The late James Oscar Smith (aka Jimmy Smith) On whether the defendant’s use of copyrightable expression constitutes fairĭealing, parties should be able to use summary proceedings to determine these When dealing with claims for copyright infringement. The litigation procedure used by the AmericanĬourt in this case informs available procedures that Canadian courts can adopt Owner’s permission without being found liable for copyright infringement. Though there are nuancedĭifferences between fair dealing and fair use, at theirĬore, both concepts enable users to use copyrighted expression without the The lower court’s 2017 finding that Pound Cake’s sampling of “Jimmy Smith Rap”Īmerican equivalent of Canada’s “fair dealing”). Of the Estate of James Oscar Smith and Hebrew Hustle Inc.
In February 2020, the United States Court ofĪppeals for the Second Circuit released its summary order dismissing the appeal
Hit song “Pound Cake/Paris Morton Music 2” (“ Pound Cake”). Claim for copyright infringement for sampling a jazz musician’s composition in the
