Intellectual Property

Drake Infringement Case: Fair Use as a Matter of Law

, New York Law Journal

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In his Intellectual Property column, Stephen M. Kramarsky writes: Though once chaotic, the legal environment for sampling (at least in the U.S. music industry) has settled into a well-understood legal regime, with rigorous clearance and licensing practices becoming the industry norm. Nevertheless, as a recent case involving musician Drake shows, there are always edge cases, and litigation does arise. With the meteoric rise of shared and repurposed content in social media and other digital contexts, those cases are likely to be more and more common.

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