Sample clearances have long been an issue among producers (see: Kanye West, Jermaine Dupri) in Hip Hop. However, in the most recent lawsuit concerning an illegal sample clearance, the two parties at hand include M.O.P. and a wrestler-turned rapper.
According to a document obtained by TMZ.com, the New York duo has filed a copyright infringement lawsuit against WWE’s John Cena and his collective entities. The lawsuit alleges that Cena used a sample of M.O.P.’s 2000 anthem “Ante Up,” with Lil’ Fame’s signature battle cry clearly evident.
The document states, “The infringing work includes a distinctive freestyle rap—’BRRR Abado’ that has been sampled from the infringed work and is clearly repeated three times in the infringing work; at the introduction, the second chorus and the third chorus.”
The song in question is Cena’s “Time Is Now,” which has been used on both the compilation WWE: Raw’s Greatest Hits-The Music, and Cena’s 2005 debut album You Can’t See Me, which subsequently went gold.
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M.O.P. alleges that Cena and Colombia Records, who released the song, were not granted the sample clearance to use their vocals on “Time Is Now.” The suit also claims clearance was later illegally obtained from a receptionist at Next Level Groove Music (M.O.P.’s former partner’s label), which has no affiliation with M.O.P. or Blaze Entertainment, Inc.
Because of the copyright infringement, M.O.P. are seeking damages exceeding $150,000, along with royalties received from digital and ringtone sales of “Time Is Now.”