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DJ wins $1.2 million over use of sample in Black Eyed Peas song

A DJ has been awarded $1.2 million for the improper use of his music in a hit song by the Black Eyed Peas
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DJ Orrin Lynn Tolliver Jr has been awarded damages of $1.2 million (£750,000) by a New York jury after they came to the decision that a sample taken from his 1983 single I Need A Freak, which used in a Black Eyed Peas song, was done without his proper permission.

The sample was used on the pop outfit's hit single My Humps, which was produced by using music software.

The court heard that James McCants registered the rights to the song with BMI, crediting Tolliver as the author.

The Cleveland-based DJ said that he was promised 75 per cent of royalties but was denied a license by his former friend and collaborator.

Tolliver then issued a cease-and-desist letter, which was ignored.It was only when he heard his sample on the Black Eyed Peas hit My Humps that Tolliver decide to take the step to sue McCants for copyright infringement.

The jury found McCants' various claims inconsistent. During the trial he claimed that he had co-authored the original composition, before going on to suggest that My Humps did not actually use sample.

In the US alone, My Humps has sold over two million copies.

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Posted on 27 Jun 2011 16:11 to category : Band / Celebrity News

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