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Wednesday, June 29, 2011

Jock Awarded $1.2M In Copyright Lawsuit

Black Eyed Peas' 'My Humps' At Issue

Cleveland disc jockey and early rap artist Orrin Lynn Tolliver, Jr. has just been awarded nearly $1.2 million by a New York jury.

According to a story by Eriq Gardner at The Hollywood Reporter, the award comes after a former friend and collaborator allowed without permission his 1983 song, "I Need A Freak," to be sampled by the Black Eyed Peas for the group's hit song, "My Humps."



In the early 80s, Tolliver formed a concept band called Sexual Harassment and recorded "I Need A Freak" at his friend and collaborator James McCants' studio at Heat Records.

McCants registered the song with BMI, credited Tolliver as the songwriter, and agreed to pay him 75% of royalties.

In 2000, the song was included on the compilation, "In Da Beginning...There Was Rap," from Priority Records, which caused Tolliver to send McCants a cease-and-desist letter. His former friend and collaborator denied issuing a license.

However, in the proceeding years, the song was sampled for use by other artists, including by the Black Eyed Peas on "My Humps."

Tolliver sued McCants for copyright infringement.

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