In an early precursor to what could be the dumbest lawsuit of 2023, music giant BMG has sued a toy manufacturer alleging that a parody song titled “My Poops,” based on the Black Eyed Peas’ “My Humps,” was in marketing was used for a line of slime-shitting unicorns – violating the copyright of the 2006 hit.
BMG Rights Management filed the lawsuit in U.S. District Court in Manhattan, alleging that MGA Entertainment, makers of the Poopsie Slime Surprise toys, “reported and “exploited without permission” for “willful copyright infringement” when the toy company was filming “My Humps.” . in “My Poops” over two years ago to promote their product line.
Here’s what all the fuss is about:
“My Humps,” as the lawsuit obtained by Rolling Stone notes, “won Best Hip-Hop Video at the 2006 MTV Video Music Awards,” and coupled with its 700 million views on YouTube and hit single status, the Accused of “clearly accessing” the song. Following the release of “My Humps,” BMG claims the toymaker “created a line of products called Poopsie Slime Surprise” that “featured a unicorn doll that exudes glittery slime.”
To promote this product, the defendant “created a song called My Poops, which is clearly copied from and substantially similar to My Humps,” the lawsuit states, while making comparisons between the lyrics, bassline and Fergie-like inflection of the two songs are asserted in which “My Poops” is delivered.
(BMG’s attorneys are not referring to “My Poops” as a parody throughout the lawsuit because the parody is technically protected by the First Amendment. The parody of the offending song will likely be the most contentious argument if and when the lawsuit is pending goes to court.)
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BMG’s attorneys have not responded to Rolling Stone’s request for comment as of press time.
BMG is seeking $10 million in damages for “My Humps” – Will.i.am’s ode to too much junk in the trunk and all that ass in your jeans – arguing that “My Poops” “voids future licenses” and urged the toymaker to destroy “all copies” of “My Poops.”