Jimmy Smith v. Drake - Pound Cake copyright lawsuit

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    25-Nov-2015
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Plaintiffs allege to be the estate of jazz musician Jimmy Smith, and his publisher Hebew Hustle, and are using Drake and his record company over an unauthorized sample of Smith's spoken word intro from a 1982 album on Drake's song "Pound Cake". Amazon and Apple are also named as defendants. The plaintiffs allege that they refused to take down the recordings (presumably because they believed the sample was authorized or that the plaintiffs were not the proper rights holders), and therefore do not qualify for the DMCA safe harbor. For informational purposes only. Not legal advice. I am not representing any parties in this action. For more information about our practice, see:http://torekeland.com/about/mark-h-jaffeand legal tidbits on my twitter feed:@MarkJKings

Transcript of Jimmy Smith v. Drake - Pound Cake copyright lawsuit

  • JUDGE TORRES/ JS 44C/SDNY

    REV. 2/2014CIVIL COVER SHEET 14 CV

    PLAINTIFFS

    ESTATE OF JAMES OSCAR SMITH and HEBREW HUSTLE INC.

    ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBERANTHONY MOTTA, 50 Broadway, Suite 2202, New York, N.Y. 10004Tel: (212)791-7360

    DEFENDANTS

    CASH MONEY RECORDS, INC., UNIVERSAL REPUBLIC RECORDS, anunincorporated division of UMG RECORDINGS, INC., [See Addendum]

    ATTORNEYS (IF KNOWN)Unknown

    CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE)(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

    Cause of action for Copyright infringement; 17 U.S.C. Sec. 101 et. seq.

    otta