Federal Lawsuit Targets WWE And John Cena Over “The Time Is Now” Sample
According to Brandon Thurston of POST Wrestling, A new federal lawsuit filed in the Southern District of New York accuses WWE, TKO Group Holdings, and John Cena of copyright infringement regarding the iconic entrance theme “The Time Is Now.” The complaint, filed just days before Cena’s scheduled retirement match, alleges that the horn arrangements used in the song are an unlicensed sample from a 1974 recording by the late Canadian bandleader Pete Schofield.
The lawsuit was submitted by Kim Schofield, Pete Schofield’s daughter, who asserts ownership of the copyrights to her father’s arrangement. The dispute centers on a cover of “The Night the Lights Went Out in Georgia” recorded by Pete Schofield in 1974. While the underlying composition belongs to Bobby Russell, the lawsuit claims that the “horn-driven intro and outro” were original additions by Schofield that do not exist in the original composition or other popular versions by Vicki Lawrence or Reba McEntire.
Allegations of Withheld Information
According to the complaint, the Schofield family was unaware of the sampling until 2015, when they were contacted by a reporter. This led to a written settlement with WWE in 2017, where the family received a one-time payment of $50,000. However, Kim Schofield is now asking the court to void that agreement, alleging that WWE “withheld key information during negotiations to induce her to sign”.
The lawsuit claims that WWE finalized the agreement just two days before the premiere of a national Toyota television advertisement featuring Cena’s theme. The Schofield family, residing in Canada where the ad did not air, states they were never informed about the campaign. The filing further alleges that WWE downplayed the song’s value during negotiations, dismissing requests for writing credits as “greedy” and “opportunistic”.
Producer “Jake One” Named in Suit
Music producer Jacob Brian Dutton, known professionally as “Jake One,” is also named as a defendant. The complaint asserts that Dutton sampled the Schofield recording in 2003 to create the beat for Cena’s theme. In a 2021 YouTube video cited in the complaint, Dutton reportedly displayed the Schofield album cover and explained how he looped the intro and outro to build the track. He stated in the video that he was paid $60,000 upfront for his work, though a recent ESPN article cited a figure of $30,000.
Breach of Contract Claims
In addition to copyright infringement, the lawsuit accuses WWE of violating the terms of the 2017 settlement. Schofield claims that WWE released a 2019 version of the theme titled “The Champ Is Here,” which included a “newly recorded imitation of the horn portion”—a type of reuse she argues was prohibited by the agreement. She is seeking damages in excess of $150,000 and is also suing for failure to provide proper credit to “PS Records” as purportedly required by the settlement.
The lawsuit comes at a critical time for WWE, as Cena is set to compete in what is promoted as his retirement match at Saturday Night’s Main Event on December 13. WWE and TKO have not yet responded to requests for comment.
