Drake Sued By Playboy Over “Best I Ever Had” [Audio]

» by Danielle Canada June 27, 2010, 10:30am

Playboy the American men's magazine empire is making an unexpected move and filing a lawsuit against Drake.

The rapper's #1 hit record “Best I Ever Had” is earning him more than just platinum plaques and will force him to face a possible court date now that Hugh Hefner's signature company has filed a copyright infringement complaint against him.

According to the legal documents, Aubrey Graham b.k.a. Drake, Cash Money Records and Universal Music Group are responsible for infringing upon the use of the song “Fallin In Love” by Hamilton, Joe Frank and Dennison/Reynold.

The original song, whose rights are owned by Playboy Music Inc. and Playboy Enterprises, is reportedly the song heard in the beginning of Drake's track and was used without permission.

Playboy says that Drake and the other defendants quote:

“Knew or should have reasonably known, that the sound recording was protected by copyright…” and that “each Defendant continues to infringe upon Plaintiff's rights in and to the copyrighted sound recording.”

The company also says that since the infringement is “continuing” and “ongoing “ they want an injunction to stop the sales and distribution of the record and Drake and the defendants held responsible for Playboy's costs and attorney fees.

Playboy would also like a portion of all gains, profits and advantages made off their original production.

Check out the original song compared to Best I Ever Had below.

"Fallin In Love"

"Best I Ever Had"

Did he steal it?

Comment Comments 38 Views Views Tags Tags: , , , , , , ,
  • pattie

    If all this time it was owned by someone else then why would they wait until now to file suit...smh...another "ploy" to try and bring someone's career down....

  • Tomi

    THEY STOLE THE FIRST 10 SECONDS....LOL! Song was released Feb 19, 2009...WHY WAIT SO LONG TO FILE SUIT?

  • Just Me

    yup, it does sounds very familiar

  • js

    yeah alf, the beginning of your song sounds very similar to playboy's version

  • http://e-breach.com Jermaine

    Ummmmm.....this is a good laugh. They sound similar, but there's more than enough alterations to make it unique. Plus, if this lawsuit goes through then the entire music industry will be broke because everyone will sue everyone. lol

    • Dirty Diana…Let Me Be ♪

      totally agree...lol

  • no

    They wont win, Young Money has a great legal team im sure...

  • asas

    drake should of kept it a mixtape track instead of trying to profit of it , now he better pay up

  • bet

    rule 1 always make sure samples are cleared, they knew they didnt clear the sample since it was a mixtape track , the messed up when the tried to make gwop off of it

  • ABLAZE

    what idiot thought they were going to get away with this?! LOL!
    Sounds good, at least they used the sample right! hehehe:)

  • lilkunta

    yes it does sound close. my question si why did hefner wait so long? the song has been out for quite some time.

  • Jamie Jackson

    One cord at the very beginning sounds similar but the structure of both songs are very different. The songs does not make a copyright violation.

  • joseluisgotcha

    Like Drake say "they goin to have to get over it".

  • Bopa

    It's clearly sound taken from the original track. It's not even a new musical work replaying the old track. Cash Money took the original track and chopped and mixed it. That doesn't make it "unique" and there's no such thing as enough "alterations" to free it from copyright infringement.

  • Bopa

    For a better understanding of how courts have decided on sampling check this link:

    http://www.ivanhoffman.com/fairusemusic.html

  • drizzy

    First wayne got hit wit dis then all his producers from da carter 3 said he didn't pay them any royalties now drake following suite. I tell u baby and slim raping dez boys......no vasaline.

  • burito9245

    Playboy's money is waaaay longer than Young Money. @No. You must be a youngin if you think Baby has more money than Hugh Hefner. Clearly Drake is going to lose.

  • D Mac

    Playboy please pull your heads out your *****es...better yet your ears

  • artdude01

    Some of you guys are ricks. This is why "Playboy" waited so long. If you have a copyright like they had on this sample Drake used, and it turns out to be a hit... you shut up. You let the song make the MAXIMUM amount of money possible, then when it is on the down trend in the charts, you file your lawsuit. If you do it too early, you bring negative press on the song. Wait till its on the downturn, bring the lawsuit, the song will get a slight surge-boost again, and make a little bit more money on its way out. Then Drake has to split those MAXIMIZED profits with good ol' Hef. You don't attack the song when it is popular, you only hurt your own pockets, especially if you have a clear cut case like Playboy does. Drake might as well settle out of court. The only way he can get out of this is if Playboy messed up in applying for their copyright... and we know that didn't happen. Pay up Drake, stop sampling sh.it without permission... it is stealing, and when you make a hit, you think no one is gonna hear it? I see you're not the brightest business man. This goes to all you wannabe rappers who sample for a living. Screw up and make something big, you will be paying like Drake if you don't get a written consent agreement on the sample.

  • http://www.swaggtalk100.net webmistress

    "dont mess with the HEFF" you knw you are doing your thing when you get slapped with a law suit...well lets see where this goes shal we.

  • mztique

    wtf! why are they waiting over a year later to sue? did they just realize this? anyway, they probably won't win!

  • theteeski

    i guess he aint invited to the playboy masion anytime soon??????

  • http://www.swaggtalk100.net webmistress

    lol @ theteeski

  • BarbieKilla Fivethousand

    Nicki is simply a no talent! smoke-no smoke, mic-no mic, talent-TALENTLESS!

    Nicki is a Kool-Aid wig wearing joke!

    youtube-Barbie Killa 5000

  • kaci

    hmm anyboy can mx that up but i dont think it will win this happends to much in the music industry

  • Jazzy J

    Producers...LAWYERS...c'mon! You know you have to clear your samples before you call yourself putting them on an album. Jeez. Imma need you people to do your job. Even I know that. SMH

  • 3stixx

    I agree with artdude01 wait and get paid or get in on the front and don't get s**t. Business 101

  • robbyroc

    New Birth did a version of the song in the 70's, sounds like drake could have sampled that version,
    but still it goes back to the copyright owner.

  • LOL

    Im waiting for Nicki Minaj to drop her album so Mattel can sue her a$$. Trust me they're waiting.

  • Mattel

    I'm still waiting for Nicki Minaj to drop her album so Mattel can sue her a s s.

  • Fallen from grace

    Some of you people are so stupid.... Drake made this track before he was even signed to Cash Money... Do you people forget this track was off a mix tape ? How many rappers get a certified hit off a mix tape?? That being said why would you care about clearing a sample for a mix tape? Also remember he was just trying to make it at that time so who cares if he gets sued as any attention to your music weather it be negative or good is a plus when you are trying to make it. Do you know how many artist would give there left arm to get that much attention of a mix tape track let alone get sued?? I think Drake would take that trade off any day considering the position that track has put him in ! Remember he signed a 2 million dollar deal after that track. I think he can afford to get sued at this point in his life and I don't think it was a bad trade off for the success he has today.

    • robbyroc

      I agree with you on this one. They will settle and everybody will walk away happy, it's all about the money end of story.

  • lotto-milli

    YEAH, PLAY BOY IS CORRECT ON THIS ONE. THEY ARE A VERY POWERFUL FORCE TO BE RECKONED WITH AND WITH ALL OF THEIR POLITICAL AND CORPORATE TIES, DRAKE IS DESTINED TO LOSE THIS BATTLE.

    IF PLAY BOY WANTED TO, THEY COULD SEE TO IT THAT HIS CAREER WAS OVER AS QUICKLY AS IT BEGAN. TRUST ME. HE HAD BETTER APPROACH THIS THING HUMBLY, IN MY OPINION.

  • MoonFlower

    If you listen closely it also sounds like Totals "Tell me what you want from me" Featuring Mase....the guitar and drum part....

  • MoonFlower

    Oh, and I'm referring to the "Falling In Love" song...

  • Dee

    You got to be kidding me...people will sue over anything these days. Besides the intro, this is clearly two different songs.

    And for the person who is saying that Playboy would end his career, the dude just sold 1/2 mil...he ain't going nowhere anytime soon. People get sued over this kind of stuff all the time in the music industry. Even if they win, it is not like this one song/suit would destroy him. Stop being dramatic

  • why?

    Its funny how people act like selling 1/2 a mil is nothing with other artists but when Drake does it, OMG, its OVER THE TOP...

    There are alot of posters who did not pay attention in school or who refuse to keep up with laws. Surely they sampled this tracked, notice the keyword SAMPLED, and Playboy will more than likely win some of the rights and royalties off that song so get ready to pay up Drake.. I am sure one of your groupies can help you out if you get low

  • dj

    Man thes whit boys juss tryna pick on drake

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