Kevin Mazur, WireImage
The song was recorded by Tolliver and his concept band Sexual Harassment while at friend and collaborator James McCants' Heat Records recording studio. It was registered by McCants with performing rights organization BMI, crediting Tolliver as songwriter under the pseudonym David Payton, for which Tolliver was entitled to 75 percent of the song's royalties.
Unbeknownst to Tolliver, McCants then negotiated with Montage Records to release Sexual Harassment's 1983 album, 'I Need a Freak,' which sold 100,000 copies. When 'I Need a Freak' was covered by Too Short on Priority Records' 'In Tha Beginning... There Was Rap' compilation in 2000, Tolliver sent McCants a cease-and-desist order, but his former friend denied issuing the label a license for the usage of the composition.
McCants continued to deny involvement in the licensing of the song for various compilations over the next five years, but when Tolliver recognized his song as the key sample on 'My Humps' in 2005, he finally filed suit for copyright infringement.
McCants changed his defense several times during the course of the trial, which was filed in the United States District Court for the Southern District of New York in December, 2005, at first denying that he had issued a license, asserting that the song was not sampled by the Black Eyed Peas, then claiming co-writer credit on the composition and ownership under the work-for-hire doctrine.
Despite allowing McCants a 2009 motion for reconsideration after the first verdict was reached against him, the judge ultimately ruled in Tolliver's favor, and the jury has finally determined that McCants is required to pay Tolliver nearly $1.2 million in profits and damages.
While The Black Eyed Peas were not named in the determination, they are currently facing two similar copyright infringement charges for their songs 'Boom Boom Pow' and 'I've Got a Feeling.'
A similar suit was filed by Tolliver in Ohio Northern District Court on April 1, 2011.
Watch Black Eyed Peas' 'Just Can't Get Enough'
Chris Mccants
Kellie Pickler Named 'Dancing With the Stars' Champion
J. Cole Performs 'Born Sinner' on 'Late Night With Jimmy Fallon,' Reveals Competitive Spirit Against Kanye West
Beyonce Releases New Anthem, 'Grown Woman'
Blake Shelton Joins NBC in Organizing Oklahoma Tornado Benefit Concert
Kellie Pickler Gets Puppy Surprise After Moving 'Dancing With the Stars' Performance
Charlie Sheen Gets Back To His Roots
Toby Keith Returns to Help Family, Friends in Moore, Oklahoma
WHOOPS! Obama Makes Big Gaffe
Black Hippy Release 'U.O.E.N.O.' Remix
New Trayvon Martin Evidence Features Incriminating Photos, Texts From Teen
Toby Keith Says His Hometown of Moore, Oklahoma 'Will Perservere' After Deadly Tornado
Jury Foreman: '18 Days Of Testimony Hurt' Jodi Arias
Blake Shelton Will Return for Season 5 of 'The Voice'
What It's Like To Talk To A 2-Year-Old
Miranda Lambert's MuttNation Foundation to Aid Moore, Oklahoma Animal Rescue Efforts
Bridge Collapses In Washington State
Jodi Arias Jury DEADLOCKED
Killed Soldier In London Attack Identified
LISTEN: Terror Inside Elementary School As Tornado Hits
Rapper Accused Of Faking His Own Death To Escape Payments
Helen Flanagan Launches PETA Campaign As Only She Knows How
Surgeons Remove Giant Hairball From Tiger
Brave Woman Stood Down Armed London Attackers
Teenager's 'Awww'-Inspiring Drawing Wins Big At Google
'DWTS' Shakeup Ahead?
LOOK: Photoshop Mistake Is Seriously Cringeworthy
Pope Francis Says All Who Do Good Are Redeemed - Atheists Included
PHOTO: Dog Guards Dead Victim's Body After Oklahoma Tornado Disaster
REVEALED: Disturbing Trend In Human Intelligence
Man Reportedly Beheaded In Brutal Assault In London Neighborhood
The World's Most Powerful Women
Rescuers Continue Search For Tornado Survivors
NY Times Eviscerates Obama White House
2 Comments