Rookie rapper beware. Those not-so-obscure samples will come back to bite and stick their hands in your pocket at the same time. In light of his recent accomplishments, Drake has encountered a little problem. The song which propelled him to household name status from 2009’s So Far Gone allegedly incorporates a sample from Hamilton, Joe Frank & Reynolds 1975 hit “Fallin’ In Love.”
Reporting on the matter with the exclusive scoop is our good friend Tila Tequila.
Well, according to the document filed at U.S. District Court in downtown Los Angeles, just before closing time, Playboy Enterprises claims that Drake and company need to pay them for the use of their song. Yes, we’re talking about Playboy, as in Hef’s company. They’re claiming Drake stole part of their song.
The suit accuses Drake , Cash Money Records and Universal of Copyright Infringement. The song sampled at the beginning of “Best I Ever Had” is allegedly their song, “Fallin’ In Love,” by Hamilton, Joe Frank and Dennison/Reynolds. The copyright for the music belongs to Playboy Music, Inc. and Plaintiff, Playboy Enterprises, is its successor in interest. Did y’all know Playboy owned music, too?? Hef sure has his hands in many different cookie jars!
As part of their copyright claim, Playboy claims that Drake and his crew “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.”
Since Playboy claims that the “infringing conduct is continuing and ongoing,” they want the court to issue an injunction, which pretty much means that they want the defendants to stop selling/distributing the song, and to stop making money off of it. Of course, Playboy also wants Drake and his peeps to account for all profits, gains and advantages made off of their song, and they want Drake to pay costs and attorneys’ fees. DAYAM!! SO DOES THAT MEAN HUE HEFFNER IS DRAKE’S GHOST WRITER??? [Via]
Ah yes, his peeps. Good ‘ol Miss Tila with the knack for the journalistic hustle. HUE HEFFNER?!? Yet another egg to throw in her storied basket.
For a culture built on the foundation of the sampling of others, Hip-Hop has seen its fair share of monetary legal drama. I guess you can call this Drake ordeal a case of “Deja Vu…(Uptown Baby)?” Anybody remember Lord Tariq & Peter Gunz (as in Cory’s daddy?). Well, if you don’t, it’s probably because they spent more time worrying about sample clearance than studio access. In 1998, they saw their lead off single grow to a a mega hit by the summer time. Too bad they drew inspiration from Steely Dan’s “Black Cow” and were forced to fork over the goods.
While I’m not trying to put words in any judge’s mouth, Playboy may be “Fallin’ In Love” with an upcoming verdict.