On Tuesday, September 23, 2025, a judge granted Universal Music Publishing’s motion to dismiss in a lawsuit concerning an alleged uncleared sample in Mary J. Blige’s song “Real Love.”
TufAmerica alleged that “Real Love” used a sample from the song “Impeach the President,” created and published in 1973 and performed by The Honey Drippers. TufAmerica holds the copyright registration for the musical composition and sound recording of “Impeach the President.” Universal Music Publishing is the music publisher for “Real Love,” performed by Mary J. Blige for UMG Recordings. “Real Love” samples drum sounds and copies corresponding compositional elements from the song “Top Billin,’” recorded by the group Audio Two. “Top Billin’” sampled the drum sounds and copied compositional elements from “Impeach the President.” TufAmerica alleged that “‘Real Love’. . . not only incorporates the drum sounds and corresponding compositional elements from ‘Impeach the President’ that were used in ‘Top Billin”’ but modifies ‘Top Billin” in a manner that brings ‘Real Love’ closer, musicologically, to ‘Impeach the President.’”
Universal Music Publishing filed its motion to dismiss TufAmerica’s lawsuit, which contained causes of action for copyright infringement, declaratory judgment, and injunctive relief. The Court noted at the outset of the lawsuit that “neither a declaratory judgment nor injunctive relief are independent causes of action.” On the remaining cause of action for copyright infringement, Universal Music Publishing did not dispute that “Real Love” copied “Impeach the President.” Rather, Universal Music Publishing argued that the two songs lacked substantial similarity.
The Court found that the songs failed the “ordinary observer test,” which asks “whether an average lay observer would recognize the alleged copy as having been appropriated from the copyrighted work.” The Court found it clear that the songs are not substantially similar such that TufAmerica’s copyright infringement claim survives the motion to dismiss. “‘Impeach the President’ is a protest song from the 1970s that fits squarely within the soul/funk genre. ‘Real Love,’ by contrast, is a hip-hop soul song about heartbreak, not politics.” The Court found the songs to have extremely dissimilar musical motifs and musical impressions.
Additional Reading
Universal Music defeats copyright lawsuit over Mary J. Blige’s 1992 sample, Reuters (September 23, 2025)
TufAmerica, Inc. v. Universal Music Publishing, Inc. (Case No. 1:2024cv02585)
Opinion and Order in TufAmerica, Inc. v. Universal Music Publishing, Inc.
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