‘My Humps’ v. ‘My Poops’: BMG Sues Toymaker Over Black Eyed Peas Parody Song

Billboard reports

The new lawsuit sets the stage for a battle over copyright “fair use” and the legal protections for parody songs.

Music publisher BMG is suing a toymaker for promoting a brand of “unicorn poop” toys by releasing a song called “My Poops” – a scatological parody set to the tune of Black Eyed Peas’ “My Humps.”

In a lawsuit filed Thursday in Manhattan federal court, the publisher accused toymaker MGA Entertainment of infringing the copyright to the band’s smash 2005 hit, which reached No. 3 on the Hot 100 and spent 36 total weeks on the chart.

Released to promote MGA’s Poopsie Slime Surprise toys – unicorns that release sparkling “unicorn poop” slime – the song at issue features similar musical elements to the original, but with joke lyrics like “Whatcha gonna do with all that poop, all that poop.”

In addition to copying key musical elements, BMG says MGA’s song features a lead vocalist who “sounds very similar” to Black Eyed Peas lead singer Fergie.

“Music, especially a hit song such as ‘My Humps,’ adds great value when incorporated into a product or used in a video advertisement, because it increases consumer recognizability, consumer engagement and attention to the product,” BMG wrote in its lawsuit. “The infringing work is so substantially similar to ‘My Humps’ that it is obvious that the infringing work was intentionally copied.”