According to legal documents obtained by The Times Daily, the artists are accused of using an unauthorized sample on "Come Back Baby"—a standout track from Pusha's 2018 album DAYTONA. FAME Enterprises Inc. filed a lawsuit filed two weeks ago in the Circuit Court of Colbert County, Alabama, claiming "Come Back Baby" features a portion of George Jackson's 1972 record "I Can't Do Without You," which FAME produced and owns.
The complaint states Pusha's song "includes the following repeated, unauthorized, unlicensed samples from 'I Can’t Do Without You'":
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
FAME points out that over 35 percent of "'Come Back Baby' is comprised of unauthorized, unlicensed samples of 'I Can't Do Without You.'" The company also says Jackson's record is about drug use and illegal drug trade, which is why they would've never agreed to license the song "for such a use under any circumstances."
The plaintiff 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."
UMG Recordings, Def Jam, and G.O.O.D. Music are listed as codefendants.