in what is a Music giant BMG, an early favorite for the dumbest lawsuit of 2023, sued a toymaker alleging that a parody song based on the Black Eyed Peas’ “My Humps,” titled “My Poops,” and Used in marketing a line of slime- Shitting Unicorns: Infringes copyright on the 2006 hit.
BMG Rights Management filed the lawsuit in the US District Court in Manhattan, alleging that MGA Entertainment, the makers of the Poopsie Slime Surprise toys, engaged in “willful copyright infringement” and “exploited, without authorization ” when the toy company turned “My Humps”. on “My Poops” to advertise his product line over two years ago.
Here’s what all the fuss is about:
“My Humps,” like the lawsuit obtained by Rolling Stone notes, “it won best hip hop video at the 2006 MTV Video Music Award,” and coupled with its 700 million YouTube views and single status, the defendants “clearly had access” to the song. . Following the release of “My Humps,” BMG alleges that the toymaker “created a product line called Poopsie Slime Surprise,” which featured “a unicorn doll that excretes glittery slime.”
To promote that product, “defendant created a song called My Poops that clearly copies and is substantially similar to My Humps,” the lawsuit states while asserting comparisons between the two songs’ lyrics, bass line, and inflection-like inflection. from Fergie. in which “My Poops” is delivered.
(BMG’s attorneys are not referring to “My Poops” as a parody in the entirety of the lawsuit, since the parody is technically protected by the First Amendment. The parody of the infringing song will likely be the most contentious argument as long as it the lawsuit goes to trial.)
BMG’s lawyers did not respond to Rolling Stonerequest for comments at the time of publication.
BMG, in arguing that “My Poops” “devalued future licences” of “My Humps” (Will.i.am’s ode to having too much trash in your trunk and all that butt in your jeans) seeks $10 million in damages , as well as demanding that the toymaker “destroy all copies” of “My Poops.”