Lawsuit Claims John Cena‘s WWE Theme Song “The Time Is Now” Uses Unlicensed Sample
Table of Contents
A new federal lawsuit filed in New York alleges that World Wrestling Entertainment (WWE), TKO Group Holdings, John Cena, producer Jake One, and others infringed on copyright by using an unlicensed sample in Cena’s iconic entrance theme, “The Time Is Now.” The lawsuit, filed by Kim Schofield, centers around a horn intro and outro allegedly copied from a 1974 instrumental arrangement of Vicki Lawrence’s “The night the Lights Went Out in Georgia.”
The Core of the Dispute: A 1974 Arrangement
The complaint asserts that the signature horn parts in “The Time Is now” were directly taken from an arrangement of “The Night the Lights went Out in Georgia” created by Canadian bandleader Pete Schofield – Kim Schofield’s father.Crucially,the lawsuit specifies that the sampled elements are not present in the original bobby Russell composition of the song. kim Schofield now owns the copyright to her father’s arrangement and claims these horn elements are fundamental to Cena’s theme. https://www.rollingstone.com/music/music-news/john-cena-wwe-theme-song-lawsuit-1234941491/
History of the Dispute and Previous Settlement
According to the lawsuit, the Schofield family first became aware of the sampling in 2015. Producer Jake One publicly acknowledged using the recording in a 2021 YouTube video. In 2017,the family reached a $50,000 settlement with WWE. However, Schofield now alleges that WWE misrepresented information during those negotiations, specifically failing to disclose an upcoming Toyota ad campaign featuring Cena’s theme song and undervaluing the music’s worth. She is seeking to void the 2017 settlement. https://www.wrestlinginc.com/news/2024/1204/john-cena-wwe-sued-over-the-time-is-now-theme-song/
The lawsuit further claims WWE violated the 2017 agreement by releasing a 2019 remix, “The Champ Is Here,” which included a newly recorded imitation of the original horn arrangement. Schofield also alleges WWE failed to provide required credit to PS Records.
Copyright Challenges and Current Status
Schofield registered copyrights for both the horn arrangement and the 1974 recording in 2024-2025. however,the estate of Bobby Russell,the original composer,and its publisher are contesting these copyrights,arguing that Schofield’s arrangement is an unauthorized derivative work. Schofield disputes this claim, stating the Russell estate previously accepted royalties for the use of the horn parts. https://www.billboard.com/music-news/john-cena-wwe-theme-song-lawsuit-1235544449/
Schofield is representing herself in the case and is seeking damages exceeding $150,000. As of December 5,2024,WWE,TKO,and the other defendants have not yet filed a response to the lawsuit. The timing of the lawsuit is particularly notable, arriving shortly before Cena’s scheduled “retirement match” at the Royal Rumble.
Key Takeaways:
* Copyright Infringement Allegation: The lawsuit centers on the claim that WWE used a copyrighted horn arrangement without proper licensing.
* Prior Settlement in Question: A previous $50,000 settlement is being challenged due to alleged misrepresentation by WWE.
* Ongoing Copyright Dispute: The validity of the copyright for the horn arrangement is being contested by the original song’s estate.
* Timing: The lawsuit was filed shortly before a significant event in John Cena’s career,adding to the public interest.
This case highlights the complexities of music copyright and sampling, particularly in the context of widely-used theme songs like those in professional wrestling. The outcome of the lawsuit could have significant implications for how WWE and other organizations handle music licensing in the future.
Worth a look