June 28, 2011

Radio Vet Lynn Tolliver wins $1.2 million in music sample suit over Black Eyed Peas song


Cleveland Plain Dealer -Former local DJ and early rap artist Lynn Tolliver won a $1.2 million judgment by a New York jury in a lawsuit over the unauthorized sampling by the Black Eyed Peas of his 1983 song "I Need a Freak." The sample was used in the band's hit single "My Humps." It sold over 2 million copies in the United States.

"I'm extremely happy," said Tolliver, 61, from his home in Tampa, Fla. "This case took 10 years. God was on my side."

According to the Hollywood Reporter, Tolliver recorded his song at friend James McCant's studio at Heat Records. Tolliver formed a concept band called "Sexual Harassment." McCant then registered the song with BMI, naming Tolliver as the songwriter. Tolliver testified that McCant agreed to pay him 75 percent of the royalties from the use of the song. Tolliver sued McCant for copyright infringement and claimed that McCant licensed the song to the Black Eyed Peas without his permission.

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