Lynn Tolliver receives 1.2 million from Black Eye Peas over their sample of his copywritten song

story by Radio-info

Veteran radio programmer Lynn Tolliver has finally settled a copyright suit with a former business associate over the Black Eyed Peas' use of a sample for their 2000 hit single “My Humps.” That song sampled 1983’s “I Need A Freak,” which was released by Tolliver’s studio group Sexual Harassment. The Hollywood Reporter says Tolliver has won a nearly $1.2 million copyright infringement verdict against James McCant, of Heat Records, which released the song, who licensed "Freak" to the Peas, despite Tolliver's songwriting credit, and what Tolliver said was an agreement to pay him 75% of the royalties. At the trial in New York, McCant offered several versions of what happened, and the judge ruled in favor of plaintiff Tolliver on summary judgment. In the penalty phase of the trial, the jury decided that McCant owed Tolliver $816,877.28 in profits and $368,704.31 in actual damages. Tolliver is the former long-time PD and morning man at WZAK Cleveland. He’s been out of work since leaving Tama Broadcasting’s WTMP in Tampa a few years back, and he’s still living there today. The Cleveland Plain Dealer talked with Tolliver, who says, "I've been unemployed the last few years and was near bankruptcy, so this [verdict] is a blessing." Trials can take a long time and be expensive. Tolliver says, "I don't get all the money, and I don't have any of it yet, but this couldn't have happened at a better time." He plans on moving back to Cleveland and pursuing his songwriting career.