

Nick Patch, The Canadian Press





TORONTO - Canadian rapper Drake is being sued for copyright infringement by Playboy Enterprises over allegations that his breakout smash "Best I Ever Had" samples a '70s hit owned by the company.

In a lawsuit filed June 24, Playboy alleges that Drake's mixtape hit contains Hamilton, Joe Frank & Reynolds' 1975 soft-rock tune, "Fallin' in Love."

The suit names Drake -- whose real name is Aubrey Drake Graham -- as well as Cash Money Records and Universal Music Group.

Playboy lawyer Neville Johnson provided a copy of the lawsuit but declined to comment. Drake's record label did not immediately respond to request for comment.

The lawsuit, which includes allegations that have not been proven in court, asks that each defendant account for how much the song has earned in order to seek damages.

Drake's debut album, "Thank Me Later," topped the charts in the U.S. and Canada in its first week of release.

"Best I Ever Had," which isn't included on the album but was featured on last year's "So Far Gone" EP, is still the biggest hit the 23-year-old Toronto has had.

The swooning love song went to No. 2 on the U.S. charts last summer.

The suit asserts that Playboy "has suffered, and will continue to suffer irreparable injury" from the alleged infringement. The lawsuit demands that "all infringing works be recalled and destroyed."

As part of its claim, Playboy also alleges that "each defendant either knew, or should have reasonably known, that the sound recording was protected by copyright."