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Lawsuit: Aguilera Hit Stolen From 'Moon People'

3/6/2011 9:30 AM PST BY TMZ STAFF

If Christina Aguilera's hit "Ain't No Other Man" sounds like a classic, that's because its infectious beat comes from a 43-year-old song -- and a new lawsuit claims Sony Music hasn't paid the rightful owner for the sample.
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Take a listen ... Christina's song clearly samples from a 1968 latin soul tune called "Hippy Skippy Moon Strut" (aka "I'll Be a Lucky Man) by Dave Cortez and the Moon People. Gotta love that name.

According to the federal lawsuit, filed in New York, TufAmerica purchased exclusive rights to 'Hippy Skippy' in 2004 ... however Sony Music -- Christina's label -- made a deal with Codigo Music and the Clyde Otis Music Group to use the song. Aguilera is not named as a defendant in the suit.

TufAmerica is asking the court to declare it the rightful owner of the groovy '60s hit ... and to void the other publishers' claims on the song. The company also wants damages -- as in money.



53 COMMENTS

No Avatar
1.

Cartman    

There is no originality in Hollywood. Just plagiarists.

1276 days ago
2.

Me    

I don't think you can call it stolen, she just didn't pay the right people.

Shouldn't they have told Christina's people that they were paying the wrong people?

1276 days ago
3.

Sara    

I have no idea why anyone ever sues the singer/performer. 90% of the time they have absolutely nothing to do with their own songs.
And who cares? That songs is 50 years old, really, those people grandkids need money because it sounds similar? Come on.

1276 days ago
4.

John 8:32    


$$$ TWO MORE BOOMS FOR YOUR BUCKS $$$!!!!

LOS ANGELES, Oct. 28 /PRNewswire/ -- Two separate but related copyright infringement lawsuits were filed today in the United States District Court for the Central District of California against the members of the Black Eyed Peas and their record labels and publishers, including UMG Recordings and Interscope Records. The songs involved in the suits are two internationally acclaimed hit songs that brought the Black Eyed Peas extraordinary profits and iconic success: "I Gotta Feeling" and "Boom Boom Pow."

One Complaint was filed in the Federal District Court in Orange County and alleges that the Black Eyed Peas intentionally and willfully copied a Texas songwriter, Bryan Pringle's song "Take a Dive" when they co-wrote and recorded their Grammy award-winning hit song, "I Gotta Feeling." As a result of the copying, "I Gotta Feeling," as a whole, is "substantially similar" to "Take a Dive," which was copyrighted by Pringle in 1998, and the leading melody contained in both songs, described in the Complaint as the "guitar twang sequence," is identical. A side-by-side comparison of both songs demonstrates that they sound virtually identical, the Complaint alleges. The Complaint further alleges that Pringle regularly submitted his demo CD's to Interscope Records, UMG Recordings and EMI over a period of approximately ten years, and received written correspondence on multiple occasions informing him that his music was received, but they had no interest in signing him as an artist, or purchasing his songs for use by other artists.

The other Complaint is the re-filing in Los Angeles of a January 2010 federal lawsuit of Chicago artist Ebony Latrice Batts, aka Phoenix Phenom, and her producer and co-songwriter, Manfred (Manny) Mohr. The suit alleges that the Black Eyed Peas copied Phoenix Phenom and Mohr's song "Boom Dynamite" when they wrote and recorded their hit song "Boom Boom Pow." As a result, "Boom Dynamite" is "substantially similar" to "Boom Boom Pow," and the hook portions of the song are "strikingly similar." The Complaint alleges that Phoenix Phenom and Mohr submitted "Boom Dynamite" to Interscope, at the request of an A&R for the label, who had shown interest in one of their previous songs and as Phoenix Phenom as an artist. The original case was filed in Chicago and withdrawn and dismissed without prejudice to its re-filing because of procedural concerns relating to the location of the filing being Chicago instead of LA or New York.

The Plaintiffs in both lawsuits are represented by Dean A. ****ie of Miller Canfield (Chicago office), Ira Gould of Gould Law Group (Chicago), and George L. Hampton IV of Hampton Holley LLP (Orange County, CA).

"Both Complaints allege that the Defendants UMG Recordings, Interscope Records and members of the Black Eyed Peas engaged in a pattern and practice of intentional copyright infringement.

THIS IS FOR YOU CRY BABIES...that simply don't understand how dangerous and treacherous the music business can really be... so now go forth and learn:

GO TO YOU TUBE =>

1) BLACK EYED PEAS SUED OVER "BOOM BOOM POW"

2) PHOENIX PHENOM BOOM DYNAMITE

- John 8:32

1276 days ago
5.

St James III    

Actually some of the original song (not the Xtina sample) sounds like Archie Bell and the Drells song "Tighten Up"

1276 days ago
6.

dimes    

So what happened with the claims against the Black Eyed Peas?

1276 days ago
7.

Googie    

I agree with #5. I like the beat better on the original record.

1276 days ago
8.

SallyChi    

I don't hear the similarity.

1275 days ago
9.

mija    

It's not quite a match but close enough.

1275 days ago
10.

Truth    

YAAAWN!!!!! EVER NOTICE THE SO-CALLED ORIGINAL ARTISTS ALWAYS POP THEIR HEADS UP WHEN THE NEW SONG BECOMES A BIG HIT? YET, WHERE ARE THEY IF THE TRACK WAS A MINOR FILLER?? EXACTLY... IT WOULD SUGGEST THERE ARE THOUSANDS OF SAMPLED TRACKS OUT THERE THAT HAVEN'T PAID THE RIGHT PEOPLE. GREED ALWAYS SHOWS ITSELF AT THE RIGHT TIME.

1275 days ago
11.

Oh no!    

Not even close. Anyway, the thing that makes Christina's version so hot is her voice. I am not a fan of her, in fact, I think she is a clown act in the midst of a train wreck, but nobody can deny she has one of the finest singing voices in history. Amazing talent. I doubt she has even heard of the Moon People.

1275 days ago
12.

SLH    

typically American ... every little cent has to be flogged to death.

What now? Sue Joni Mitchell for sampling 'Jingle Bells' at the beginning of "River"???

1275 days ago
13.

R    

Well, I thought the Moon's People song has bits of the theme from Hawaii Five-O, Grazing in the Grass, Classical Gas and some Isaac Hayes thrown in. Anyway, even before 19 seconds into Christina's song I could hear the similarities to the Moon People's song.

1275 days ago
14.

Marcus    

i actually can't hear a distinct similarity... and besides its just the beat at times... the melody is completely different and xtina is cooler anyway
and why do they choose now to bring out a lawsuit... someone's out of money me thinks

1275 days ago
15.

soulwisper    

i think when she were doning this album back to basic she were refering to the classic era like 70 60 but her version is good for the lyrics and her voice she give it so much power she must be thanked for it for example gaga new song called born this way i think it like modonna song express but so week to me so she did not enhaced the orginal at all but aguilera version give it more life and when we her here album we know that she inspierd but in agood way but at the end she want to sell and she is only the singer

1275 days ago
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