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Last week, music company BMG Entertainment, which owns the copyright to Black Eyed Peas’ 2005 hit single, My Humps, filed a lawsuit against MGA entertainment, the manufacturer of Poopsie Slime Unicorn, for ripping off the hit song in a commercial.
Poopsie Slime Unicorn is a slime pooping toy that was released in 2018 with a promotional song called My Poops. BMG has pointed out several similarities between the two songs and claims the manufacturers of the Poopsie Slime line of toys attempted to exploit the fame of the original.
The Black Eyed Peas' 2005 track was a hit seller upon its release, reaching the top three spot on the US Billboard Hot 100. It also earned the band the Grammy award for Best Pop Performance by a Duo or a Group with Vocals at the 49th Annual Grammy Awards.
BMG seeking 10 million dollars in reparations from the Black Eyed Peas
According to a new lawsuit filed with the Southern District of New York by BMG, the popular toy brand's unicorn slime toy and its promotional music video is a direct copy of the music band's hit single. The company is seeking damages of upwards of over 10 million dollars for "wilful copyright infringement," according to Rolling Stone.
BMG has claimed in the lawsuit that the lyrics of the song created for the promotional music video of the toy line bear a striking resemblance to the band's song. Seth L. Berman, of Abrams Fensterman LLP. who is representing BMG in the matter, wrote in a public statement,
"First, the title of the infringing work is 'My Poops,' which is an obvious play on the name of the copyrighted composition, 'My Humps.'"
The lawyer went on to innumerate the similarities between the two songs, including the inflection with which the word "My Poops" is delivered, the melody, the lyrics, the counter melody, and the chord progression.
Parody is protected by the First Amendment rights enshrined in the US constitution. Thus, BMG entertainment is filing this lawsuit claiming the Poopsie song is not a parody of the 13-year-old Black Eyed Peas song.
The legal precedence, in this case, was established by Hustler v. Falwell, 485 US 46 (1988), in which the Supreme Court bench unanimously agreed that parody constitutes an expression of free speech, whether it is meant as a criticism or not.
This judgment was later reaffirmed by the court in its 1994 judgment on Campbell v. Acuff-Rose Music, which stated that parody may be considered a free and fair criticism of the original work and, therefore, cannot be a violation of the Copyright Infringement Act of 1976.
However, the toymakers could present the argument that it is, in fact, a parody of the song in their legal defense.
Even if the toymakers choose to go for a parody defense, they face a steep uphill battle, as the company would have to prove that their parody song is a transformative piece of criticism that adds value to the original work and is therefore protected under "free speech."
The Black Eyed Peas Lawsuit is not the only lawsuit MGA entertainment has faced with its toy line. Atlanta rapper T.I. and his wife, Tiny Harris, have filed a lawsuit against the toymakers for stealing the group's likeness for their L.O.L OMG line of dolls. The pair called out the company on their Instagram, showing photographs of the dolls and the band members as proof.
My Humps has been surrounded by controversies since its release
This is not the first time My Humps has been involved in a controversy. When the song was released, critics reacted negatively to its lyrics, as they deemed it demeaning towards women. In this regard, the song has also often been considered one of the worst songs ever written.
The song, which was originally written for the music group The Pussycat Dolls, was given to Black Eyed Peas after the former went with a different song called Beep.
With this lawsuit, the hit single by Black Eyed Peas has become the latest artistic expression embroiled in the free speech vs copyright debate, which has previously involved acclaimed artists such as Prince.
