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He further claims he wrote a story based on the character in 1996 only to have it stolen by a ZPI-financed novel nearly a decade later.Ĭabell is suing for both copyright infringement and to prove that Zorro, at least the original character, is in the public domain.
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In the lawsuit Cabell claims that, in 2015, had previously attempted to create a Broadway production based on the character Zorro but ZPI threatened litigation against him, effectively ending the effort. Next up today, Maria Dinzeo at Courthouse News Service reports that Robert Cabell’s case against Zorro Productions Inc (ZPI) lives to fight another day as the judge allows at least a portion of the lawsuit to continue. 2: Judge Advances Fight Over ‘Zorro’ Musical The decision may be appealed but there is no word yet if the estate has any plans to do so. The judge further found that the amount taken for the sample was “reasonable” and that no infringement took place. That change in meaning was enough to convince the judge that the use was transformative and a fair use, saying it created a new expression. According to the lawsuit suit, Drake’s 2013 song Pound Cake/Paris Morton Music 2 used a sample from Smith’s 1982 spoken word recording Jimmy Smith Rap. In the original, Smith spoke about how jazz music will be the only music to last but Drake altered it to make it so that only “real” music is going to last. The case was filed by the estate of James Oscar Smith, known as the jazz musician Jimmy Smith. Have any suggestions for the 3 Count? Let me know via Twitter 1: Drake Beats Lawsuit Over Sampling With Winning “Fair Use” Argumentįirst off today, Eriq Gardner at The Hollywood Reporter Esquire reports that the musician Drake has won a summary judgment in a sampling case where he had argued that the use of the sample was a fair use.