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Playboy Sues Drake for Copyright Infringement

Cohen IP Law > Copyright  > Playboy Sues Drake for Copyright Infringement

Playboy Sues Drake for Copyright Infringement

Hip hop artist Aubrey Drake Graham, aka “Drake” had a hit last year with the song “Best I Ever Had.” But, like many other commercially-successful songs these days, “Best I Ever Had” sampled a previous song. The original song, called “Fallin in Love,” is by 1970’s soft rockers Hamilton, Joe Frank & Reynolds. And interestingly, it’s Playboy Enterprises, Inc. that owns the copyright to “Fallin In Love.” Apparently Drake didn’t get permission to use the song, which for samplers isn’t always necessary. But Playboy just filed a copyright infringement lawsuit against Drake.

The case is 2:2010-cv-04750

A major question is going to be whether the song is a copy for commercial gain, or an artistic interpretation with a different and new meaning.