The use of a total of 35 seconds of spoken-word material from 'Jimmy Smith Rap' was considered reasonable, noting that the song's subsequent use of a second passage, in which Smith stated that his 'company' had champagne in his studio, and that 'we just laid back and ', was a commentary on an argument 'that many musicians make records in similar ways (e.g. Pauley argued that by 'transform Jimmy Smith's brazen dismissal of all non-jazz music into a statement that 'real music,' with no qualifiers, is 'the only thing that's gonna last.', Drake had created 'something new, with a further purpose or different character', with a 'sharply different' purpose than the original work. Pauley III ruled in favour of Drake, arguing that his use of the passage qualified as fair use due to its transformative nature.
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