Jazz musician Jimmy Smith‘s estate sues Drake for unlawfully using a sample without permission.
On Drake’s latest album Nothing Was The Same, the track “Pound Cake,” featuring Jay Z, uses a monologue from Smith’s “Jimmy Smith Rap” song. The sampled monologue lasts 35 seconds as the prelude to the beat-heavy track. The estate is suing the Toronto rapper and Cash Money Records for $300,000.
This isn’t Drake’s first lawsuit for sampling without permission. In 2012, Drake was sued by alleged ex-girlfriend Ericka Lee for using her vocals on the 2011 song “Marvin’s Room.” The track, describing a bitter lover wanting his old thing back, starts with a whispery dialogue, which Lee says is her voice. Lee claims she had a personal and business relationship with the “All Me” rapper from 2010 to 2011. Drake allegedly offered her 2 percent royalties and a $50,000 cash payout.
Drake made his first Coachella appearance last weekend with new singer Jhene Aikoand performing “From Time.”