John Cena, WWE & TKO Facing Copyright Lawsuit Over “The Time Is Now” Theme – John Cena, WWE, TKO Group Holdings, and several others are now facing a federal lawsuit related to Cena’s long-used entrance theme, The Time Is Now. The suit was filed Tuesday in the U.S. District Court for the Southern District of New York and centers on allegations that the song uses an unlicensed sample originating from a 1974 recording by Canadian bandleader Pete Schofield.
According to the filing, the disputed material involves the “iconic horn arrangements that introduce and play throughout the theme.” The lawsuit argues that those horns are taken from an instrumental cover of The Night The Lights Went Out In Georgia, arranged by Schofield. Although the song itself is a cover of a Bobby Russell composition, the suit claims the horn intro and outro were original creations added by Schofield for his 1974 version.
Schofield passed away years ago, and the legal action is being brought by his daughter, Kim Schofield. She asserts ownership of the copyrights to her father’s arrangement and argues that WWE, TKO, Cena, and the other named defendants knowingly used the horn sections without proper licensing.
In addition to Cena, WWE, and TKO, the lawsuit names producer Jacob Brian Dutton, Pix-Russ Music, and Cynthia Jo Russell, the widow of Bobby Russell and co-owner of his recording. Under federal rules, the defendants have 21 days to respond after being served, though that window can extend to 60 days if they waive formal service.
Why the lawsuit now?
Brandon Thurston noted that Kim Schofield claims she did settle the matter with WWE in 2017 for a one-time payment of $50,000. However, she now alleges that WWE withheld key information during those negotiations, causing her to sign the deal without understanding the extent of the song’s long-term use and future marketing plans. She first learned about Cena’s theme around 2015 when a reporter contacted her, and now seeks to void the earlier settlement agreement while pursuing damages exceeding $150,000.
The lawsuit also alleges that Dutton originally used the sample in 2003. In his article, Thurston included a video in which Dutton appears on camera with a Schofield album cover, explaining how he looped the intro and outro horns to construct the beat. In the video, Dutton referenced receiving $60,000 for the work, later telling ESPN he was paid $30,000 for three beats.
Schofield’s filing argues that the family settled only because WWE did not disclose critical information regarding the theme’s continued use, along with plans for what she describes as a major national ad campaign. She is now asking the court to invalidate the agreement and award further damages.
John Cena, WWE & TKO Facing New Copyright Lawsuit Over “The Time Is Now” Theme
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