John Cena Sued Over Iconic Entrance Theme’s Sampled Horn Riff
A legal challenge has been filed against WWE superstar and actor John Cena regarding the distinctive horn intro to his entrance theme, “The Time Is Now,” highlighting the complex legal landscape surrounding music sampling and copyright. The lawsuit, filed december 2nd, alleges improper clearance of a sample used in the track.
The action was brought by Kim Schofield, daughter of pete Schofield, whose 1974 recording of “The Night the Lights Went Out in Georgia” provides the source for the prominent horn blasts that open Cena’s 2005 track.According to the complaint, Cena and the WWE failed to secure the necessary permissions for the sample and violated a previous $50,000 agreement intended to resolve the dispute.
“Every effort at informal resolution has been met with threats, misrepresentations, and intimidation tactics, leaving plaintiff with no recourse but to seek relief from this court,” Schofield states in her lawsuit, as obtained by Billboard.
Released in 2005 by Columbia Records and WWE Music Group, “the Time Is Now,” featuring a beat crafted by producer Jake One, became synonymous with Cena’s ascent to wrestling superstardom and has since gained renewed popularity through social media memes. The track is expected to be played during Cena’s final WWE appearance next week,marking his retirement from professional wrestling.
The song’s creation is a complex web of musical lineage. The recognizable horns originate from Schofield’s rendition of “The Night the Lights Went,” which itself is a cover of a composition penned by songwriter Bobby Russell and also performed by artists such as Vicki Lawrence and Reba McEntire. Further complicating matters, Cena’s song also heavily samples M.O.P.’s 2000 hip hop anthem “Ante Up,” which in turn incorporates elements from Sam & Dave’s classic, “Soul Sister, Brown Sugar.”
This intricate audio history has previously resulted in legal disputes. In 2008, M.O.P. filed a lawsuit against the WWE, claiming that Cena’s use of the “Ante Up” sample was unauthorized and that the WWE had improperly obtained clearance through a signature from a receptionist at an unrelated company. However, that case was swiftly dismissed months later under undisclosed terms.
Schofield’s current lawsuit, filed pro se (without legal representation), presents a somewhat unclear account of the allegations. She asserts that her family was unaware of Cena’s use of the song until 2015, leading to a settlement agreement with the WWE in 2017 for $50,000 covering the sampled sound recording. Afterward,she claims they discovered they also held publishing rights to elements of the 1974 Schofield song,distinct from Russell’s original composition.
Legal experts suggest these claims may face meaningful hurdles in court. The statute of limitations could bar claims related to copyright infringement dating back a decade, and the prior settlement agreement may prove binding. Moreover, it remains legally uncertain whether Schofield can substantiate her claim to the publishing rights or hold the WWE accountable for her alleged lack of awareness regarding those rights when signing the initial settlement.
Representatives for Cena and the WWE have not yet responded to requests for comment. However, Schofield alleges that WWE legal counsel informed her that the 2017 settlement was comprehensive and precluded any further negotiations based on “seller’s remorse.” The WWE reportedly maintains that it had properly cleared the sample by securing a license with the heirs of Bobby Russell, the original songwriter.
The lawsuit also includes Russell’s heirs as defendants, with Schofield alleging they are improperly receiving royalties from Cena’s use of the sample and have recently threatened legal action if she continues to assert her own rights to the song.
The Russell heirs were unavailable for comment, but they may have a valid point. While artists covering songs can secure copyrights to their specific recording, they generally cannot claim ownership of the underlying composition – a standard principle, as the original music was inevitably created by another party. Ample alterations to a cover song can even transform it into an unauthorized derivative work.
The outcome of this case could set a precedent for future disputes involving music sampling and the complexities of copyright law in the entertainment industry.
