June 28, 2010
Drake Sued By Playboy
Playboy Enterprises alleges that Hamilton, Joe Frank & Reynolds’ ‘Fallin’ in Love’ is used in Drizzy’s ‘Best I Ever Had.’
By Mawuse Ziegbe
Many pop stars have indulged in a fantasy-fulfilling visit to the Playboy Mansion once they’ve made it. However, in Drake’s case, Playboy has come after him, alleging that the star’s success is due in part to a song owned by the media company.
Playboy Enterprises is claiming that Drizzy’s breakthrough hit “Best I Ever Had,” samples the 1975 song “Fallin’ in Love,” by Hamilton, Joe Frank & Reynolds (also known as Hamilton, Joe Frank and Dennison), which is owned by Playboy.
According to a report posted on MissTilaOMG.com, Playboy Enterprises is suing Drake, Cash Money Records, Universal Music Group and Universal Music Group Distribution for copyright infringement.
Attorney Neville Johnson of Johnson & Johnson LLP, which is representing Playboy, confirmed to MTV News that the company has filed a lawsuit but declined to comment on the case. Reps for Drake had not responded to MTV News’ request for comment at press time.
In court documents filed in California on June 25, Playboy states that “Best I Ever Had” has been “an enormous commercial success” and asserts that “each Defendant either knew, or should have reasonably known, that the sound recording [‘Fallin’ in Love’] was protected by copyright. Each Defendant continues to infringe upon Plaintiff’s right in and to the copyrighted sound recording.” Playboy Enterprises is seeking damages in the suit and “asks that all infringing works be recalled and destroyed.”
Drizzy’s 2009 hit from his So Far Gone mixtape topped the charts, vaulted the rapper from the mixtape scene and solidified the MC’s status as a mainstream star. The video for “Best I Ever Had,” which was heavy on scantily clad lady b-ballers, also scored a lot of buzz among his fans.
Hamilton, Joe Frank & Reynolds’ 1975 song “Fallin’ in Love” went to #1, the group’s last big record after switching up their lineup and notching a hit in the early ’70s with “Don’t Pull Your Love (Out).”