Drake sued by estate of late jazz musician Jimmy Smith over spoken word clip allegedly used without permission on song

 Drake has been sued by the estate of late jazz musician Jimmy Smith over a spoken word introduction allegedly used in one of his songs without permission.
The 27-year-old Canadian singer was sued over his song Pound Cake/Paris Morton Music 2 that includes a 35-second monologue recorded by Smith.
The liner notes for the song from Drake's third studio album Nothing Was The Same said the clip was properly licensed.

Pioneering musician: Jimmy Smith, shown performing in the UK with a Hammond organ in January 1964, was allegedly included in the Drake song Pound Cake/Paris Morton Music 2 without permission

 Smith died in 2005 at age 79 but his estate in the lawsuit said no permission was granted for use of the Smith clip and nobody asked to use it, according to a report on Wednesday by TMZ.
The lawsuit listed Drake, Cash Money Records and others as defendants and was seeking more than $300,000 in damages.
Smith used the monologue in his 1982 song Jimmy Smith Rap.

The Drake track actually consists of two songs with Pound Cake featuring a guest appearance by Jay-Z.

The song also features a sample of the Ellie Goulding song Don't Say A Word as well as a sample of C.R.E.A.M. by Wu-Tang Clan.

Smith was a pioneering jazz musician whose instrumental jazz albums often made the Billboard charts.

He also helped make popular the Hammond B-3 electric organ that was employed in the 1960s and 1970s in R&B, reggae and rock songs.

Drake, whose given name is Aubrey Drake Graham, has been linked romantically recently to 26-year-old singing superstar Rihanna.

The Degrassi: The Next Generation actor earlier this month appeared on the Jimmy Kimmel show and donned a disguise to quiz folks on the street about himself.