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Court Won’t Review Beastie Boys Lawsuit


— June 13, 2005

WASHINGTON — The Beastie Boys might have to fight for their right to party, but they won’t have to defend themselves against claims they stole part of a jazz flutist’s recording.

Without comment Monday, the Supreme Court let stand a lower court ruling against jazz artist James W. Newton. Newton contended that the punk rappers’ 1992 song “Pass the Mic” included a sample from his musical composition “Choir” without his full permission.

The Beastie Boys paid a licensing fee for the six-second, three-note segment of Newton’s work but failed to pay an additional fee to license the underlying composition.

The San Francisco-based 9th U.S. Circuit Court of Appeals agreed to dismiss Newton’s lawsuit alleging copyright infringement. The appeals court reasoned that the short segment in “Pass the Mic” was not distinctive enough to be considered Newton’s work.

Details here from the AP via Newsday.com.


WASHINGTON — The Beastie Boys might have to fight for their right to party, but they won’t have to defend themselves against claims they stole part of a jazz flutist’s recording.

Without comment Monday, the Supreme Court let stand a lower court ruling against jazz artist James W. Newton. Newton contended that the punk rappers’ 1992 song “Pass the Mic” included a sample from his musical composition “Choir” without his full permission.

The Beastie Boys paid a licensing fee for the six-second, three-note segment of Newton’s work but failed to pay an additional fee to license the underlying composition.

The San Francisco-based 9th U.S. Circuit Court of Appeals agreed to dismiss Newton’s lawsuit alleging copyright infringement. The appeals court reasoned that the short segment in “Pass the Mic” was not distinctive enough to be considered Newton’s work.

Details here from the AP via Newsday.com.

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