Drake and Cash Money Records are among those being sued by Jimmy Smith’s Estate for unauthorized use of the Jazz musician’s voice on Nothing Was The Same‘s “Pound Cake/Paris Morton Music 2,” according to TMZ.
Smith’s Estate is claiming Drake sampled “Jimmy Smith Rap,” a 1982 cut, without obtaining the permission. The Estate also says Drake falsely represents that the clip was an authorized sample in his Nothing Was The Same liner notes.
Drake, Cash Money Records and others are reportedly named in the lawsuit. Smith’s Estate is reportedly asking for more than $300,000.
Drake has not commented publicly regarding this matter.
The portion of “Jimmy Smith Rap” allegedly used in “Pound Cake/Paris Morton Music 2” features the following vocals:
“Good God Almighty. Like back in the old days. You know, years ago, they had the A&R men to tell you what to play, how to play it and whether it’s Disco and Rock, but we just went in the studio and we did it. We had the champagne in the studio, of course, compliments of the company, and we just laid back and did it. So we hope you enjoy listening to this album half as much as we enjoyed playing it for you, because we had a ball. Only real music is gonna last. All the other bullshit is here today and gone tomorrow.”
Audio of the original clip is below.