Just as he and Kid Cudi are facing a new legal issue with a sample used in “Kids See Ghosts,” Kanye West is now facing another lawsuit that arrives for a sample used on Pusha T’s DAYTONA album.The track in question is DAYTONA standout “Come Back Baby,” and The Times Daily reports that both artists are named in new documents that accuse the duo of making unauthorized use of George Jackson’s 1972 track ‘I Can’t Do Without You.”It was FAME Enterprises Inc. who filed the suit two weeks ago in Colbert County, Alabama. The company produced and owns the track, and is suing “for disgorgement of profits, compensatory, consequential, incidental and punitive damages in an amount to be determined by the trier of fact in this case, plus statutory fines, costs, interest and expenses.”
In the filing, where UMG Recordings, Def Jam, and G.O.O.D. Music are named as codefendants, FAME states that over 35 percent of the ‘Come Back baby” creation makes use of “unauthorized, unlicensed samples of ‘I Can’t Do Without You,'” primarily focusing on the use of the following lyrics:
Never have I been locked up in a world of misery I need you darlin’ to set me free Come back, baby, try me one more time Ooh, baby, I’m ’bout to go out of my mind I can’t—
They go on to add that the “Come Back Baby” record is “about drug addiction and the money made from selling drugs,” and that they would not have agreed to license the original track “for such a use under any circumstances.”
