Black Eyed Peas' Music Publisher Is Suing Over A 'Pooping Unicorns' Ad

BMG, the record label and music publisher, is suing the toymaking company MGA Entertainment for allegedly using the Black Eyed Peas 2006 hit single, My Humps, without permission to promote their slime-pooping unicorn dolls, Poopsie Slime Surprise.   

In a lawsuit obtained by Rolling Stone, BMG alleges that MGA displayed "willful copyright infringement," as well as "exploited [My Humps], without authorization." BMG further alleges that MGA had access to the song, as not only is My Humps a well-known song, it "won Best Hip Hop Video at the 2006 MTV Video Music Awards". BMG also says that the toymaking company "created a product line called Poopsie Slime Surprise" that included "a unicorn doll that excretes sparkling slime."

Rolling Stone also notes that BMG didn't call My Poops a parody, as parody is protected under the First Amendment of Freedom of Speech.

BMG hasn't yet responded to Rolling Stone for comment.

Digital Music News reports that the music publisher is seeking $10 million in damages, claiming that MGA has made millions thanks to the Poopsie Slime Surprise line. BMG notes that it owns 75% of the composition copyright in the Black Eyed Peas single; they allege that the singer of My Poops, the song behind the ad, sounds "very similar" to ex-Black Eyed Peas singer Fergie. Listen to the song below.

According to the lawsuit, MGA has ignored cease-and-desist notices from BMG.

Neither BMG nor MGA have responded to Digital Music News for comment.

"Black eyed peas is the name of soul-food from the South. We're not from the South but we make music from the south, down there... music from the heart," Will.i.am said in an old-school Rave Magazine interview. 

"I liked the way Bridging The Gap was received in Australia more than how it did in America," he added. "It did good in America but it did better in New Zealand and Australia. The new album is nearly done. We're coming down to New Zealand and Australia because we're doing well there. We want to test out the new album, [Elephunk]. It's a bit heavier than Bridging The Gap. The production is better. The feeling that we've got is angrier. Not angry in the sense that we hate people but angry in the sense that it's a harder sound."

2003's Elephunk debuted at #1 in Australia. Their 2005 follow-up album, Monkey Business, which featured My Humps, also hit #1 here.