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Drake Sued for ‘Nothing Was the Same’ Sample

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(Ian Gavan/Getty Images)

(Ian Gavan/Getty Images)

By Kevin Rutherford

Sampling is a fact of life when it comes to hip-hop, but if you don’t properly cite your sources or ask for permission, there’s going to be a problem.

At least, that’s what the estate of late jazz musician Jimmy Smith is avowing. According to his estate, Drake‘s 2013 song “Pound Cake/Paris Morton Music 2″ includes a sample from Smith’s 1982 song “Jimmy Smith Rap”, for which the rapper did not ask.

Related: Watch Drake Fake the News, Ask Artist to Sing a Drake Diss Song

According to Pitchfork, the liner notes for the song, which comes from Drake’s 2013 hit record Nothing Was the Same, claims the sample was supplied with a blessing for its use, but Smith’s people are alleging otherwise. In all, Drake and Cash Money are being sued for over $300,000.

It’s the intro to “Jimmy Smith Rap” that’s called into question. The same segment was placed in the same spot in “Pound Cake,” at its beginning.

Drake has not responded to the allegations. His Twitter has instead been full of posts about his hometown Toronto Raptors and his hosting spot at this year’s ESPYs.

Smith, a popular jazz musician who helped popularize the Hammond B-3 electric organ, died in 2005 at age 79.

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