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Did Black-Eyed Peas Have License?
Highest Court S.D. New York
Year Ended 2009
Plaintiffs Artist(s)
Defendants Cherry River Music
Music Producer(s)
Music Publisher(s)
Universal Records
Will.I.am
Other Black Eyed Peas
Sexual Harrassment
Short Description In the early 1980s, Plaintiff was a radio DJ and unsuccessful band manager, but one group, Sexual Harassment, for whom he wrote and recorded the music, sold about 100,000 copies and were later included on Old School rap compilations and, more importantly, sampled by the Black Eyed Peas in their hit song "My Humps." Defendant, the publisher of the song, paid no royalties to Plaintiff, arguing that the copyright was assigned to him, therefore requiring no payment of royalties. The court held in favor of Plaintiff, finding that copyright transfers are invalid unless in writing, and that none of Defendant's affirmative defenses were valid. - LSW

Legal Issues
Copyrights Infringement Unauthorized Licensing
  Ownership Assignments, Licenses & Renewal Rights
General Affirmative Defenses Statutes of Limitation
  Equitable Defenses Laches


Opinions Tolliver v. McCants
2009 WL 804114
S.D. New York , March 25, 2009 ( No. 05 Civ. 10840(JFK) )


Tolliver v. McCants
2009 WL 1473445
S.D. New York , May 26, 2009 ( No. 05 Civ. 10840(JFK) )


Tolliver v. McCants
684 F.Supp.2d 343
S.D. New York , January 21, 2010 ( No. 05 Civ. 10840(JFK) )


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Related Searches Parties
Artist(s) ( Plaintiff )
Black Eyed Peas ( Other )
Cherry River Music ( Defendant )
Music Producer(s) ( Defendant )
Music Publisher(s) ( Defendant )
Sexual Harrassment ( Other )
Universal Records ( Defendant )
Will.I.am ( Defendant )

Legal Issues
Copyrights / Infringement / Unauthorized Licensing
Copyrights / Ownership / Assignments, Licenses & Renewal Rights
General / Affirmative Defenses / Statutes of Limitation
General / Equitable Defenses / Laches

Courts
S.D. New York (highest court)


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