The credits say the four members of the group wrote the song early last year. But a Chicago artist Phoenix Phenom, whose real name is Ebony Latrice Batts, says she actually wrote the song a year earlier.
"You feel it. It's the same song," said Phoenix. "I just think they did a really bad job of camouflaging the fact they stole the song."The song Pheonix and a co-writer produced is called Boom Dynamite. And while there are some differences in the lyrics, their attorney says he's had experts study the two songs and he believes they have a strong copyright infringement case. They filed suit against the Black Eyed Peas earlier this week.
"From a technical music standpoint, they are substantially similar, and everyone we played it for basically said the same thing," said Ira Gould, attorney.
Shortly after she recorded it, however, her record company folded and it never got substantial air play. But she says she did send the song, along with several others, to the Black Eyed Peas' producers which, she says, they say proves the group had access to the song before they recorded Boom Boom Pow.
"It's part of who you are. And it's almost like birthing a child and have someone kidnap it," said Phoenix.
Copyright infringement cases are somewhat common in the music industry. This is at least the third case filed against members of the Black Eyed Peas in the last year or so. ABC7 left messages for management for the Black Eyed Peas for comment but they have not responded.