On Friday, Kathleen Hanna and Johanna Fateman of Le Tigre filed a civil suit in the Southern District of New York. According to Hanna and Fateman, singer/songwriter Barry Mann's representative has sent Le Tigre a letter demanding a settlement as Mann claims the song "Deceptacon" infringes on his own "Who Put The Bomp?"
In the complaint, Hanna and Fateman are requesting a declaratory judgment stating that there is no copyright infringement and further barring Mann from sending further netters of this nature.
As part of the complaint, Hanna and Fateman alleged: "Mr. Mann did not create these vocables or song titles; rather, it appears that Mr. Mann and his co- writer copied them from Black doo-wop groups active during the late 1950s and early 1960s. Specifically, it appears that Mr. Mann took “bomp-bah-bomp-bah-bomp” from The Marcels’ distinctive version of “Blue Moon,” which sold over a million copies, and “rama lama ding dong” from the Edsels’ then-popular “Rama Lama Ding Dong.” In short, the Bomp lyrics at issue are not original to Mr. Mann, and Defendants have no legitimate copyright claim in them."
Hanna and Fateman allege that Mann has no standing to sue as he used the cited sections without authorization himself. They further allege that if Mann has grounds for standing, their use of the cited sections qualifies as fair use. We'll keep you updated.