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Old 05-08-2012, 06:34 AM
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Default Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

Source link is at the bottom of this page but I've quoted the whole text as the page runs scripts of sound files and pop ups and is kinda horrible. So either stop scripts and/or turn your sound down if you click the link.

The timing of the suit is somewhat unfortunate but it perplexes me that this sort of thing isn't sorted out within a few years after release although it relates to the profiting of re-releases mainly.

In my opinion, just another copyright troll.

Quote:
Originally Posted by soulculture.co.uk
While fans worldwide are mourning the death and celebrating the life of founding Beastie Boys member Adam “MCA” Yauch, the band has now been sued over samples appearing in a total of four songs from their popular Licensed to Ill and Paul’s Boutique albums, according to documents obtained by AllHipHop.

Filed in United States District Court of the Southern District of New York by record label TufAmerica the day before Yauch’s death, the lawsuit alleges that the Beasties’ songs “The New Style” and “Hold It Now Hit It” from Ill and “Shadrach” and “Car Thief” from Boutique all contain unauthorized samples of songs recorded by American Go-Go band Trouble Funk. TufAmerica claims to be the exclusive licensee of the sampled songs — “Say What” from Trouble Funk’s album Straight Up Go-Go Style and “Drop the Bomb” from the album In Times of Trouble — and alleges that the Beasties have infringed their copyrights.

The suit claims that after “a careful audio analysis” TufAmerica was able to determine that the songs in question contain “distinctive” elements of the Trouble Funk recordings and that the Beasties and fellow defendants including Capitol Records continue to profit from the alleged unauthorized samples through several re-releases and digital downloads of the Ill and Boutique albums.

AllHipHop reports that TufAmerica is seeking trial to determine the amount of damages they are owed. A portion of the lawsuit can be viewed here.

Released in 1986, Licensed to Ill is the Beastie Boys’ landmark debut album; 1989′s Paul’s Boutique is the follow-up.

Trouble Funk was a staple in the world of Go-Go, an offshoot of American funk most popular in the band’s hometown of Washington D.C. and surrounding areas, throughout the 80s and continues to be a presence in the genre. On their official website, they dub themselves “the world’s greatest GO-GO band.”

Adam Yauch died May 4 after a long battle with cancer. He was 47.
Source: http://www.soulculture.co.uk/blogs/b...es-music-news/
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Old 05-08-2012, 07:11 AM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

f' them



thank you Adam.

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Old 05-08-2012, 07:23 AM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

scum.
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Old 05-08-2012, 07:31 AM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

Sue this *middlefinger*



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Old 05-08-2012, 07:49 AM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

Oh really, and it took them 25 years to realize this? BTW, wasn't there some sort of court ruling about samples, which wasn't instituted until after the release of Paul's Boutique, and that's what allowed all those samples to remain on the album? Toss this lawsuit out, judge.



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Old 05-08-2012, 07:57 AM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

Worst timing ever.
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Old 05-08-2012, 09:14 AM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

Quote:
Originally Posted by birdfloatindown View Post
Oh really, and it took them 25 years to realize this? BTW, wasn't there some sort of court ruling about samples, which wasn't instituted until after the release of Paul's Boutique, and that's what allowed all those samples to remain on the album? Toss this lawsuit out, judge.

^this
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Old 05-08-2012, 10:30 AM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

Quote:
Originally Posted by soulculture.co.uk
Trouble Funk was a staple in the world of Go-Go, an offshoot of American funk most popular in the band’s hometown of Washington D.C. and surrounding areas, throughout the 80s and continues to be a presence in the genre. On their official website, they dub themselves “the world’s greatest GO-GO band.”
Oh really? Sounds like a great legacy.

Let me know when it reaches Chicago.
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Old 05-08-2012, 10:36 AM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

Seriously, how could anyone sue at time like this? They waited 25 fucking years but now can't wait a few months?

Way to put more strain on MCA's family and friends.
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Old 05-08-2012, 10:53 AM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

this is bullshit.



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Old 05-08-2012, 11:24 AM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

paging Johnny Chavello



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Old 05-08-2012, 11:26 AM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

fuck them.



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Old 05-08-2012, 01:44 PM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

well I was speaking to a few artists that are in the music biz and they told me a simalar story. they sampled a song from puerto rico (they thought it was an childhood song that belonged to nobody) and a few months later, a little old lady approached them and said "my husband wrote that song and now you have to pay me". well, the brothers went over to thier record label, which owned the songs and they (the record label) had to pay her. so, I think the beasties will be cleared of this thus making DEF JAM and Capital the ones that have to pay.


here is the sample/lyrics they used:

http://www.youtube.com/watch?v=1DU8QCfi-R8
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Old 05-08-2012, 02:14 PM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

Quote:
Originally Posted by YoungRemy View Post
paging Johnny Chavello
I agree: fuck 'em.

First of all, it's good that the case is being tried in New York. Other jurisdictions in the US (in and around Nashville, for example) have developed case law on sampling that sucks hard. The Ninth Circuit (NY and surrounding areas) doesn't have the same precedent, so it will be easier for the Beasties, Capitol, etc. to argue that the samples don't amount to actual infringement. With some of the samples (and I haven't listened to all of the original recordings), I think that argument might be pretty strong.

Even if a court were to find infringement, fair use can be raised as a defense. I think most of the samples I've heard should qualify as fair use, although it is a lot more complicated than people realize. Nonetheless, I think it could be a strong argument for at least some of the samples.

Companies don't often like to litigate fair use claims because it takes more time and ends up being a lot more expensive. In a lot of cases, people cut their losses when infringement is found and simply settle for some undisclosed amount. I really hope everyone has the balls to push forward on fair use here because there's actually very little case law on how fair use applies to digital sampling. Imagine if the Beasties' legacy including making it easier for artists to claim fair use for transformative samples? They would be, and the album would be, even more monumental and important than they already are.

Finally, there are definite issues with this case being brought 25 years after the initial "infringement." Certain legal doctrines (apart from the statute of limitations) require copyright owners to act within a reasonable time in order to successfully assert their rights.

It's all really interesting, but still very complicated. I hope they let it play out and clear some new ground for artists who sample. It would be long overdue.



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Old 05-08-2012, 03:59 PM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

It makes me wonder if they filed on purpose during this time? If it fits into sone sort of shitty strategy ?

Not that they could of planned MCA's passing but maybe they were not going to sue but now it has become more opportunistic for them.
scumbag lawyers

plus doesn't this predate the major copyright rulings?



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Last edited by spacemac9000 : 05-08-2012 at 04:01 PM.
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Old 05-08-2012, 04:15 PM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

The legal issues with this are being discussed here as well..

http://www.techdirt.com/articles/201...l-albums.shtml



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Old 05-08-2012, 04:22 PM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

Quote:
Originally Posted by spacemac9000 View Post
It makes me wonder if they filed on purpose during this time? If it fits into sone sort of shitty strategy ?
I think it could be more of a James Newton type thing. The band was completely unaware that their music was sampled until all the recent publicity.
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Old 05-24-2012, 01:57 AM
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Default Re: Beastie Boys sued over ‘Licensed to Ill’ and ‘Paul’s Boutique’ samples

http://www.forbes.com/sites/oliverhe...copyright-law/

Quote:
However, if the federal court in this case properly follows the Supreme Court’s ruling, it will apply the injury rule, and not the discovery rule, effectively limiting any potential recovery to new formats/releases of the recordings over the last three years. And TufAmerica would face a significant uphill battle to successfully claim fraudulent concealment since the Beastie Boys’ sampling of Trouble Funk’s recordings has been widely recognized on websites such as whosampled.com.
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