Toy-maker MGA Entertainment has reached a settlement with BMG over a song it used to promote its Poopsie Slim Surprise line of toys, which the music firm said was an unapproved rip off of Black Eyed Peas track 'My Humps'.
In its lawsuit earlier this year, BMG - which owns 75% of the 'My Humps’ copyright - explained that the Poopsie Slime Surprise product line features “a number of different toys, including, but not limited to, a dancing unicorn doll and a unicorn doll that excretes sparkling slime”.
And to promote its slime pooping toys, MGA “created a song called ‘My Poops’ that clearly copies from, and is substantially similar to, ‘My Humps'".
Indeed, BMG's original legal filing went on, “the infringing work is so substantially similar to ‘My Humps’ that it is obvious that the infringing work was intentionally copied from ‘My Humps', and was created to commercially exploit the popularity of, and goodwill associated with, ‘My Humps’ and the Black Eyed Peas in order to sell more products”.
Had it got court, MGA presumably would have tried to argue that 'My Poops' was a parody of 'My Humps' and therefore fair use under US copyright law. But no legal discussion of the copyright status of poop-based parodies will be required.
An order from the court considering the case earlier this week states: "The court having been advised that the parties have reached a settlement in principle, it is ordered that the above-entitled action be and hereby is discontinued, without costs to either party, subject to reopening should the settlement not be consummated within 30 days of the date hereof".