MrPerfect
12-11-2004, 04:01 AM
The Beastie Boys won a long-running court battle last week when an appeals court held up a previous judgment in their favor in a copyright infringement suit, according to Billboard Bulletin. The U.S. Court of Appeals for the Ninth Circuit ruled that there was no infringement in the band's use of a sample from a flute composition called "Choir," by James W. Newton, Jr.
In 1992, the band licensed the track from ECM Records and looped a six-second sample throughout the song "Pass The Mic," from their album, Check Your Head. Newton sued the band eight years later, claiming that the band should have obtained a license from him as the track's composer and that their use of it infringed the "heart" of his recording.
Last week, the court upheld that there was no such infringement, because the band's use of the sample was minimal. The court said, "Newton is in a weak position to argue that the similarities between the works are substantial, or that an average audience would recognize the appropriation."
As of September of 2002, the Beastie Boys had spent $500,000 in legal fees defending themselves against Newton's suit.
Check Your Head has sold two million copies in the U.S. since its release. The band is currently working on their sixth studio album.
Sorry if this has already been heard/posted.
In 1992, the band licensed the track from ECM Records and looped a six-second sample throughout the song "Pass The Mic," from their album, Check Your Head. Newton sued the band eight years later, claiming that the band should have obtained a license from him as the track's composer and that their use of it infringed the "heart" of his recording.
Last week, the court upheld that there was no such infringement, because the band's use of the sample was minimal. The court said, "Newton is in a weak position to argue that the similarities between the works are substantial, or that an average audience would recognize the appropriation."
As of September of 2002, the Beastie Boys had spent $500,000 in legal fees defending themselves against Newton's suit.
Check Your Head has sold two million copies in the U.S. since its release. The band is currently working on their sixth studio album.
Sorry if this has already been heard/posted.