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Jimmy Smith Estate Sues Drake & Cash Money For Sample In ‘Pound Cake’ — Tha Wire [VIDEO]

Drake’s opening bars on “Pound Cake/Paris Morton Music 2″ could cost him and his label some money.  

(Photo by David Becker/Getty Images for Clear Channel)

TMZ is reporting, Drizzy is starring down a lawsuit filed by the estate of jazz musician Jimmy Smith for illegal use of the legends copyrighted material.

The Smith Estate claims Drake used a sample from the track “Jimmy Smith Rap” without permission and they are seeking $300,000 in damages.

“Pound Cake,” which features Jay Z, was included on Drake’s third album Nothing Was The Same. Ironically beneath the song, the liner notes state that “Jimmy Smith Rap” was properly licensed.

By the way, Jimmy Smith’s instrumental jazz albums often charted on Billboard, he had a very distinct sound.  Speaking of which, he helped popularize the Hammond B-3 electric organ.  In 2005, Smith was awarded the highest honor that the U.S. bestows upon jazz musician in the NEA Jazz Masters Award from the National Endowment for the Arts. Jimmy Smith died in 2005 at the age of 79.

Getty Images

Finally, Chris Brown’s bodyguard, Christopher Hollosy’s assault case is set to begin today in Washington, DC.  Hollosy and Brown were both accused of assaulting a man outside a DC hotel last October.  However Breezy’s security guard has maintained he struck the alleged victim Parker Adams, and not the R&B singer.  Today he’ll have his day in court to try and prove it.

As previously reported, Chris Brown is being tried in a separate case which is set to begin later this month.  Breezy’s attorney recently requested that a judge dismiss the case on the grounds that the prosecution improperly used a grand jury.

Listen to Tha Wire now and find out what came of that request and learn more about Hollosy’s trail.  Press play to get the scoop now with Tha Wire.

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