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TOLLIVER v. McCANTS

No. 05 Civ. 10840 (JFK).

684 F.Supp.2d 343 (2010)

Orrin Lynn TOLLIVER, Jr. p/k/a David Payton, Plaintiff, v. James Louis McCANTS, an individual doing business as Jimi Mac Music and OG Music; Cherry River Music Company; Will I am Music, Inc.; Will Adams; and UMG Recordings, Inc., Defendants.

United States District Court, S.D. New York.

January 21, 2010.

Attorney(s) appearing for the Case

Oren J. Warshavsky, Esq., Baker Hostetler, LLP, New York, N.Y., for Plaintiff Orrin Lynn Tolliver, Jr.

Scott Zarin, Esq., Zarin & Associates, P.C., New York, N.Y., for Defendant James Louis McCants.

Opinion & Order

JOHN F. KEENAN, District Judge:

In 1982, Plaintiff Orrin Lynn Tolliver, Jr. ("Plaintiff" or "Tolliver") collaborated with Defendant James Louis McCants ("Defendant" or "McCants") on the recording of a musical composition entitled "I Need a Freak" (the "Composition"). In 2005, McCants licensed the Composition to the popular music group the Black Eyed Peas for use in their hit single "My Humps." On March 25, 2009, this Court granted...

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