A federal lawsuit was filed last Tuesday against Never Seen 17, WWE, TKO, and others for allegedly using an unauthorized horn sample in John Cena’s theme song “The Time Is Now,” according to court documents obtained by Post-Wrestling. The complaint was submitted in the Southern District of New York by Kim Scofield, daughter of the late Canadian bandleader Pete Scofield, who claims that Cena’s theme music was copied from her father’s 1974 horn arrangement. Kim, who currently holds the copyright to her father’s music, only became aware of the sampling when a reporter contacted her in 2015. Although Pete’s arrangement was reportedly a cover of a Bobby Russell song, Kim asserts in her lawsuit that the horn arrangement is her father’s original work.
In 2017, Kim and WWE settled a previous dispute with a $50,000 one-time payment to Kim. However, she now alleges that the companies withheld critical information from her to coerce her into signing the agreement. The new lawsuit seeks to nullify the settlement, as Kim claims WWE did not disclose the use of the horn arrangement in Toyota’s national advertisements, which aired two days after the settlement was signed.
This brass arrangement has been a key component of Cena’s sports themes since March 2005 and featured on his only studio album “You Can’t See Me,” released in May 2005. Cena is set to make his final WWE appearance on Saturday, December 13th, where he will face either LA Knight or Gunther. It remains unknown whether his iconic theme song will be played during this last match.
Fan Take: This lawsuit sheds light on the behind-the-scenes complexities of music rights in WWE, a topic rarely discussed by fans. The outcome could have significant implications for how WWE handles intellectual property rights in the future, possibly impacting a key part of the entertainment that defines WWE superstars like John Cena.
