Sat 26 Jun 2010
What can bring Tila Tequila, Drake and Playboy together? Sample Clearance Litigation, that’s what.
Posted by Miss Info under crime , hmmm....? , old music , quotes , things I ehh....[12] Comments
Clearly, I should have logged off about 10 minutes ago…because when you’re on the internets too late on a Friday night, you enter the Twilight Zone and things get loopy…..case in point, an email from Tila Tequila’s new website, MissTilaOMG, tipping off her exclusive scoop that Playboy is suing Drake, Cash Money Records and Universal Music Group for not clearing a sample in the song “Best I Ever Had” from their holding , the 1975 Hamilton, Joe Frank and Reynolds’ song “Falling In Love.”
So many things here are making me want to go lay down….Playboy Music? A Tila Tequila exclusive…that isn’t about Tila? The fact that this sample still hasn’t been cleared for a mixtape that’s been out for over a year, and was even re-released in stores? I usually ignore litigation stories, but I really just noticed because of this motley combo of players.
Then again, sample clearance missteps are nothing new and rarely personal…Even cases like The Fugees vs Enya, it’s just sloppiness on an admin level. I’m sure Drake and Playboy Enterprise’s lawyers will smooth it over with sparkly chunks of change or a private serenade in the Grotto.
But let’s just soak in this quote from Tila’s post:
“Well…Drake is cool and all, but it kinda DOES sound like his song. DAYAM!! SO DOES THAT MEAN HUE HEFFNER IS DRAKE’S GHOST WRITER???”
*blank stare* (but thank you to OMG staff for the tip.)
Here’s the original….Hamilton, Joe Frank and Reynolds’ song “Falling In Love.”
And here is Drake’s “Best I Ever Had”

June 26th, 2010 at 2:09 am
Damn, TT is in the game. I looked and no one else has this story.
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June 26th, 2010 at 5:40 am
…..I thought she was in a mental hospital on suicide watch.
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June 26th, 2010 at 6:23 am
I’m with info on this one. I’ve worked in the industry for over ten years. How in the world could this happen? That song is at least 1.5 years old. Some one @ Universal needs to get fired. Heads should roll. As Ed Lover’s proverbial saying goes: “C’mon Son! How stupid can you be not to get the proper sample clearances for one of the biggest hiphop records of the past year.. Get the**** outta here wit that bull ***”
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Tenacious Reply:
June 26th, 2010 at 12:55 pm
Ahem…. Cosign.
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June 26th, 2010 at 2:46 pm
Why does this involve Tila Tequila again. And she must not be in the game to hard she doesn’t know that samples don’t get properly cleared all the time. Plus, anyone who has any knowledge of both these songs could probably figure it was a sample. That’s why it’s not really news. Plus remember, usually mixtape songs do not get cleared like that, so it probably just rolled over from before Best I Ever Had was number 2 on Billboard 100. Still, somebody will probably be getting unemployment based on this little mistake.
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Jessica Reply:
June 27th, 2010 at 4:34 am
It’s news because it was a case filed in federal court on friday. The suit itself is the news, not the fact that it is or isn’t clearly a sample. She has the document on her blog.
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June 26th, 2010 at 6:55 pm
Perhaps it didn’t require sample clearance….
Your Sample Use is Not Infringing:
If you alter a sample so that an average listener cannot hear any substantial similarities between your work and the sample, there’s no violation of the law.
Factors in determining fair use. Generally, when reviewing fair use questions, courts look for three things:
* You did not take a substantial amount of the original work.
* You transformed the material in some way.
* You did not cause significant financial harm to the copyright owner.
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June 26th, 2010 at 10:34 pm
damn drake wack ,hes a pop star and will have a 2 year run then run back to canada. Kia shine had dis track anyways first (810) flint michigan in dis thang
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June 27th, 2010 at 12:32 pm
DEFINITELY SLOPPY ON THE EXECUTIVE/ADMINISTRATIVE END BUT ALSO..IT’S NOT WORTH IT..ESPECIALLY FOR ALL THAT MONEY(WHATEVER THE AMOUNT)..ALL THIS SO CALLED TALENT AND YOU CAN’T LIKE..GET INSPIRED FROM THE SAMPLE..WITHOUT SAMPLING..SMH..WHAT ARE SONG WRITERS AND MUSICIANS FOR??..IT AIN’T LIKE DRAKE IS A UNDERGROUND HIPHOP ARTIST OR SOMETHING..DUMMIES
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June 27th, 2010 at 12:49 pm
Info, you got competition. You should really, really, consider stepping your lingerie vlog game up.
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Miss Info Reply:
June 27th, 2010 at 1:14 pm
LOL
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June 27th, 2010 at 6:12 pm
also the group downtown science use the same sample
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