In what’s an early frontrunner for the silliest lawsuit of 2023, music giant BMG has sued a toymaker alleging that a parody song based on the Black Eyed Peas’ “My Humps” — titled “My Poops,” and used in the marketing for a line of slime-shitting unicorns — infringes on the copyright of the 2006 hit.
BMG Rights Management filed the lawsuit at the U.S. District Court in Manhattan, claiming that MGA Entertainment, the makers of the Poopsie Slime Surprise toys, displayed “willful copyright infringement” and “exploited, without authorization” when the toy company turned “My Humps” into “My Poops” to advertise their product line over two years ago.
Here is 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 Award,” and coupling that with its 700 million views on YouTube and hit 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 sparkling slime.”
To promote that product, “Defendant created a song called My Poops that clearly copies from, and is substantially similar to, My Humps,” the lawsuit states while asserting comparisons between the two songs’ lyrics, bass line, and the Fergie-like inflection in which “My Poops” is delivered.
(BMG’s lawyers do not refer to “My Poops” as parody in the entirety of the lawsuit, as parody is technically protected under the First Amendment. The parody-ness 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 Rolling Stone‘s request for comment at press time.
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 the toymaker “destroy all copies” of “My Poops.”