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Speaker 1: Right now though, since we have time a little bit

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of music news. But this particular item, this news item

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actually combines, well, we could do this on two different shows.

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This is appropriate for Matt connorton Unleashed because we do

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talk about things going on in the music industry on

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this show. I also, of course host along with our

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friend Eric Pilcher, the podcast called Tough Bumps, which is

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about wrestling, and we do that on the weekend. We'll

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probably do one this weekend sometime on Sunday. That is

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completely separate from WMNH. Of course, that is strictly a podcast.

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You can find it on the IPM nation YouTube channel.

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We share it out on Facebook and everywhere else so

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and you can subscribe to it on your podcast platform

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of choice. Please subscribe to the Tough Bumps podcast. We

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would love your support. So we do that every weekend

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and this particular news item, So we're going to talk

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about this now, but we might also talk about it

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on Tough Bump with Eric. This is from Billboard. John

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Cena hit with lawsuit over famed horns sample in theme

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song The Time Is Now. The WWE wrestler turned movie

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star is facing legal claims that the intro to his

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theme song is based on a sample of a nineteen

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seventy four recording that was never properly cleared. Now you

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hear about this, well, you don't hear about it nearly

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as much anymore because everyone's gotten a lot smarter about

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it legally. But you know, I remember growing up, there

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were always stories about in hip hop, a hip hop

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artist releases a song, there's a sample in the song,

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very often from an early R and B song, or

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you know, it could be from anything. But so these

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artists would release this music, these hip hop songs with

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samples in them that were not cleared with the rights

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holder of whoever owns that audio, whether it be the

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original artists who did that song that the sample is

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taken from, or a record label or whomever. Right, so,

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uncleared samples became a problem, and then you know, obviously

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there's been a lot of litigation about that over the years,

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and I think you don't really hear about that much today.

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That is a story that you heard a lot in

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the eighties and the nineties and even in the two thousands,

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But today you don't really hear a lot of stories

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about will this artist is getting sued because they have

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an uncleared sample on their song or on their album.

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But here now John Cena, of course, John Cena has

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become a mainstream celebrity. He is one of the celebrities.

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He's one of the wrestlers who professional wrestlers who's has

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transcended wrestling and gone on to be a mainstream celebrity. Obviously,

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the biggest example of that being The Rock. The Rock,

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one of the highest, if not the highest paid movie

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star in Hollywood who initially became famous because of wrestling.

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That's why we call him the Rock, even though his

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real name is Dwayn Johnssen, Dwain the Rock Johnson. But

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you know, he's the greatest example of that. And then

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of course there's other people who you know, hul Cogan,

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who passed away not too long ago, hul Cogan, who

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did not find mainstream success in cinema. His movies were

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largely panned because of the films that he started in.

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Not you know, I'm not talking about Rocky, I'm talking

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about the films where Hogan was actually the star are

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generally pretty awful. So but that doesn't change the fact

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that hul Cogan, despite not really finding success outside of

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professional wrestling. Absolutely one of the most famous people on

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the planet. So, but John Cena has also Now John

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Cena is not he has not hit the stratosphere that

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the Rock has hit, of course, but John Cena very

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successful in Hollywood and has transcended professional wrestling. He also

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had and this was really sort of a part of

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his professional wrestling career. He did release an album. He

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has one hip hop album that he released on WWE's

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label at the time, and one of the tracks from

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that album is called the Time Is Now, and the

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Time Is Now is the song that John Cena comes

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out to now. John Cena has also been in the news.

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When I say it comes out to I mean when

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he comes out of the entrance and goes to the

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ring for people who are like, what if you're not

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a wrestling fan, you don't know that. So that's what

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I mean by come out to now. John Cena also

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has been relevant within wrestling recently because he's on his

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retirement tour. He's about to have his final wrestling match

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ever in the WWE, and you know, he's forty eight

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years old and this is it. He's going to commit

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to Hollywood full time, which makes sense and of course,

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there was the John Cena heel turn that happened a

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while back, which actually got a lot of mainstream media

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at even though it was part of a professional wrestling storyline,

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but it was such a big deal that the mainstream

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media paid attention to it. So a lot of interesting

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things and a He'll turn again for people who don't know,

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that's when a good guy becomes a bad guy. So

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John Cena during his final year in WWE became for

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a short time, he became a bad guy. He became

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a villain, which I thought was very entertaining, but not

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everyone liked it. But anyway, so John Cena is pretty

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relevant these days on multiple levels. He just apparently he

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just was on the Joe Rogan podcast Joe Rogan. I mean,

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I know his stock has fallen a little bit, but

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he's still one of the if not the biggest podcasts

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in the world. And Johnsena was just on there. So

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John Cen is very relevant right now. But this theme

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song that he's been using for twenty years, apparently there

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is a problem with the sample the horn section. Now

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I should what I'll do is I should have had

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this ready, but let me grab his theme song the

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Time is Now. I think he says in the song

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you can't see me the time is now, because that's

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you know, his thing too, you can't see me. Okay.

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I thought it was called My Time is Now, but

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apparently it's actually called the Time is Now. So there's

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there's horns in it, even though it's a hip hop song.

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Let's see here it is the Time is Now. I'll

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just play a little bit of it for you. Why

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does this have a parental advisory on it? There's no? Uh,

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all right, well, here's definitely a clean version. I was

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gonna say, I don't think there's any swears in it.

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Here's the clean This one's definitely clean, though, except there

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might be a commercial to sit through before I play this.

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But just so if you're not familiar with the song,

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so you can hear the horns, I don't hear anything. Oh,

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here we go, hang on, all right, here it comes.

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You can hear the horns right now. Okay, So he

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actually does say my Time is Now, but the song

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is called the Time is Now. All right, let's pause that.

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Uh So there is an uncleared sample on that apparently.

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So here's the article again. This is from Billboard WWE

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superstar and actor John Cena is facing a lawsuit over

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the iconic horn riff from his entrance theme. The time

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is now a questionable legal case, but one that shines

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a light on a tortured history of samples and credits

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behind the famed song. That's interesting. So apparently there have

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been other legal issues with the song that I was

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not aware of, it says. The lawsuit was filed by

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the daughter of Pete Schofield, who's nineteen seventy four recording

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of the Night the Lights Went Out in Georgia. Everybody

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knows that song, right, That's the night that the Lights

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Went Out in Georgia is the undisputed source of the

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blaring horn blasts at the start of Sina's two thousand

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and five track. In it, she claims that Sina and

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the WWE failed to properly clear the sample and breached

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an earlier fifty thousand dollars settlement over the dispute. Now,

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I did not know. This is news to me. I

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did not know that that had ever happened. I think

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they kept it very quiet. I did not know that

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there was ever a problem established previously over that horn section.

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I do want to and I didn't know that there

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was a settlement. Now you might be thinking, though I

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do know this, you might be thinking, why if this

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was already settled, why is this coming up again. There's

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a very good reason. There's a very good reason. But

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we'll come back to that, because I want to pull

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this up now. I know the song the Nights the

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Night the Lights went out in Georgia. I do not know.

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I can't remember, though, Like I haven't heard it in

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a long time. Is that like if I pull that

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song up, which I'm going to do now, and we

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listen to that, are we going to hear that exact?

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I just want to hear it for myself. Is it

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really sampled from that? Because I haven't heard that song

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in forever, but I don't remember hearing in that song,

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you know the horns. So let's let's find out. Pets

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Goofield and the Canadians the Night the Lights went out

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in Georgia. Let's see. I don't know where in the

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song the horns appear, but let's, uh, let's find out.

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So this is obviously not the version of the song

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that we're used to hearing. I can't remember because the

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version we're used to hearing. The big hit song The

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Night the Lights Went Out in Georgia has vocals. I

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can't remember who does it, but this is Pete Schofield,

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you know, jazz musician, doing his version of it, which

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is an instrumental. I'm hearing a lot of horns, and

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the horns sound similar in tone and timbore to the

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horns in John Cena's theme. But I don't hear so far.

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I don't hear that actual do you. I don't hear

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the actual riff. But let's listen to a little bit

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more of this. Not hearing it? Where is it? Is

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it right at the beginning? Because I failed to unmute

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this right at the beginning. Let's go back to the

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very beginning. We're not going to listen to a whole thing,

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I promise, because just kill me. I don't like this

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kind of stuff. But here, oh, there it is. It's

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in the beginning. Okay, here, all right, okay, guilty. Yeah,

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they definitely took it from that, all right, no getting

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around it. I'm glad I would back to the beginning.

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Let's see, let's go back to this article. Okay, so

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they settled, They settled that for fifty grand. Now there's

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more to this article. Let's back up a little bit. Actually, Okay,

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so the lawsuit was filed by the daughter of Petschofield,

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who's nineteen seventy four recording is the undisputed source of

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the Blaring Horns hornblasts at the start of Sina's two

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thousand and five track. In it, she claims that Sena

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and the WWE failed to properly clear the sample and

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breached an earlier fifty thousand dollars settlement over the dispute. Okay,

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so Kimschofield rights. This is from her December second lawsuit,

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obtained by Billboard, which names both John Cena and WWE

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as defendants. Quote. Every effort at informed resolution has been

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met with threats, misrepresentations, and intimidation tactic, leaving plaintiff with

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no recourse but to seek relief from this court. Unquote.

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Now again, this was previously settled, So why is this

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coming up again? Says here The time is now, in

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which Sina wraps over a beat created by producer Jake

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One was released in two thousand and five by Columbia

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House Records and WWE Music Group. The track served as

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a theme song during Sena's rise to superstardom and later

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became a popular track in social media memes. The track

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will likely play at some point during his final WWE

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appearance next week before he retires from wrestling. The song

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is something of a crediting nightmare. The famed horns are

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pulled from Schofield's recording of The Night Went Out in

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Georgia I'm Sorry the Night the Lights Went Out in Georgia,

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which is a cover of a composition by songwriter Bobby

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Russell that's also been released by multiple other artists, including

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Vicky Lawrence, Oh, Vicky Lawrence, She's the one who had

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the big hit with it, Vicky Lawrence and Reba McIntyre.

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Sina song also samples heavily mop's two thousand hip hop

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classic Anti Up, which itself drew on samples from Sam

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and Dave's soul sister Brown Sugar. Yeah, that's a lot

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of sampling. The complex audio lineage has already led to

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previous legal battles. Back in two thousand and eight, MOP

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sued WWE Oversena's use of the Anti Up sample, claiming

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that they had expressly refused to approve the use of

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their track and that WWE had cleared it by getting

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a signature from a receptionist at an unaffiliated company. I

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didn't know about any of this. This is fascinating, but

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that case was quickly dropped a few months later on

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undisclosed terms. In Schofield's lawsuit, filed with the help of

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lawyers Kim, Schofield paints a complicated picture of her allegations.

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She says she finally didn't know about seeing his use

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of the song until twenty fifteen, and that they had

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signed a settlement deal in twenty seventeen. This is important

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with WWE for fifty thousand dollars covering the sample of

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the sound recording, but at some point later, she claims,

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they realized they also owned publishing rights two aspects of

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schofield Scofields nineteen seventy four song that were distinct from

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Russell's original composition. This get's very complicated. Such allegations could

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face an uphill climb in court. Decade old claims of

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copyright infringement could very likely be barred in the statute

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of limitations or by earlier settlement. Yeah, I mean copyright law,

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trademark law, intellectual property law. All of it gets very

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very complicated. I find it fascinating. I hope some of

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you do. It's also not legally clear that Schofield can

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claim the rights she says she owns, nor that she

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can blame WWE for the fact that she was unaware

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of them when she signed the earlier deal. Reps for

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Sena and the WWE did not immediately return her request

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for a comment on Friday. In her lawsuit, Schofield says

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lawyers for WWE told her that the twenty seventeen settlement

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was final and binding on any claims related to the

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Time is Now, and that she could not later reopen

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negotiations merely because she had seller's remorse. They also allegedly

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told her that they had fully cleared the sample by

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inking a license with the heirs of Bobby Russell, the

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songwriter who wrote the song that Schofield recorded. The lawsuit

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also names Russell's airs as defendants. The younger Schofield claims

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they have improperly been receiving the royalties for Sena's use

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of the sample, and that they have recently threatened to

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sue her if she does not stop claiming her own

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rights to the song. The Russell Airs could not immediately

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be located for comment. While cover artists can get recording

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copyrights to their specific performances, they cannot typically claim composition rights,

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a common sense rule, since the underlying music in a

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cover was necessarily written by someone else. In fact, making

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substantial changes to the underlining song can turn a legal

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cover track into an unauthorized derivative. Now there's something else

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to this that this article leaves out. That I was

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reading last night, and that is and I'm surprised it's

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not included in this article. Part of what Kim Schofield

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is mad about is that she claims that when that

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fifty thousand dollars settlement was reached, because that seems like

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a low number to me for this kind of case,

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when she agreed and her lawyers agreed to that fifty

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thousand dollars settlement, they were unaware, and she has claimed

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that WWE and their attorneys intentionally tried to hide this

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from her. She was unaware that that song was about

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to be used in a national advertising campaign for I

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Think It's Toyota, that I Think there were Toyota ads

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with John Cena's voice in the ad is the voiceover,

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and that that song is playing in the ad, specifically

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with that horn riff that's in the ad, and she

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agreed to that fifty thousand dollars figure, not knowing that

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two days later, two days after she agreed to that settlement,

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that ad campaign rolls out and on televisions throughout the

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United States, people are seeing this ad with that song

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and that horns sample in the ad for Toyota, And

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she claims that they intentionally tried to hide that from her.

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They concealed that from her because they knew she would

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ask for a bigger number if she knew that that

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song was about to be used in a national advertising campaign,

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a high profile national advertising campaign. So she's mad about that.

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So that's also part of her claim here. But so

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there you go. That is again that is from Billboard

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dot com. So there's a lot a lot there