Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Robert J. Bernstein and Robert W. Clarida

Jazz musicians often make liberal use of quotation in their improvised solos. While playing a Gershwin tune, for example, a player might drop in sly references to several other show tunes, a lick from an obscure Count Basie out-take and the last two bars of the Charlie Brown theme. Perhaps ironically, in a recent Southern District infringement action, the heirs of legendary jazz organist Jimmy Smith argued against a fair use defense raised by hip-hop artist Drake based on his “transformation” of Smith’s “rap-like” commentary on the last track from his 1982 album, Off the Top.

This premium content is locked for
New York Law Journal subscribers only.

  • Subscribe now to enjoy unlimited access to New York Law Journal content,
  • 5 free articles* across the ALM Network every 30 days,
  • Exclusive access to other free ALM publications
  • And exclusive discounts on ALM events and publications.

*May exclude premium content
Already have an account?
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to groupsales@alm.com to learn more.

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.