Oh! There’s drama alright.
Contrary to their call for “no drama” on their 2005 hit “My Humps,” Black Eyed Peas, whose record label is BMG, (the firrm that owns the “My Humps” copyright), is allegedly suing a toy company for parodying the hit as a “My Poops” ad.
According to Rolling Stone, the Poopsie Slime Surprise toy, a “unicorn figurine that poops glittery slime,” somehow “devalues” Will.i.am’s ode to junk in the trunk.
BMG Rights Management allegedly filed the lawsuit against MGA Entertainment at the U.S. District Court in Manhattan, claiming that the company, the makers of the Poopsie Slime Surprise toys, displayed “willful copyright infringement” and “exploited without authorization” when the toy firm turned “My Humps” into “My Poops” to market their product line over two years ago.
There are certain similarities between “My Humps” and “My Poops.” For instance, “My Humps” features the lyrics, “Whatcha gon’ do with all that junk? All that junk inside your trunk? I’ma get, get, get, get you drunk/Get you love drunk off my humps.”
Using the same melody, the ad uses the lyrics, “Whatcha gon’ do with all that poop? / All that poop, woo, woo / I’ma poop, poop, poop, poop, oh yeah.”
The lawsuit, as obtained by Rolling Stone, notes that the toy company “clearly had access” to “My Humps” as the hit earned a 2006 MTV Video Music Award for the best Hip-Hop video and racked up over 700 million views on YouTube.
The lawsuit also asserts comparisons between the two songs’ lyrics, bass line, and the Fergie-like inflection in which “My Poops” is delivered.
BMG, in arguing that “My Poops” devalued future licenses” for “My Humps” – Will.i.am’s ode to having too much junk inside one’s trunk and all that ass inside one’s jeans – is seeking $ 10 million in damages, as well as demanding that they toy manufacturer “destroy all copies of “My Poops.”
The fact that parody is protected under the First Amendment complicates the matter, however, as Rolling Stone claims, “the parodyness of the offending song will likely be the most contentious argument if and when the lawsuit goes to trial.”
Lawyers for BMG did not respond to the outlet’s request for comment at press time.
BMG’s lawsuit isn’t the first of its nature. A few years ago, the Beastie Boys sued toy brand GoldieBlox for parodying their 1987 hit “Girls” in an advertisement before settling the lawsuit in 2014.
