Flautist James W Newton has filed a lawsuit after the group used six seconds of his music...

Beastie Boys are facing a lawsuit from a musician for the use of a sample which was not cleared by the writer.

Flautist James W Newton is seeking US$150,000 for what he says is the unauthorised use of a six-second sample from his song ‘Choir’, claims hip-hop website the Daily Hip-Hop News ( [url=] ). It is alleged the trio used the sample on their ‘Pass the Mic’ track from 1992’s ‘Check Your Head’. The suit acknowledges that at the time the Beasties sought and were granted permission to use the sample by Newton‘s label ECM, but as the publishing rights are owned by Newton himself he alone holds the rights to the music.

Newton has named Capitol Records, Grand Royal Records, Brooklyn Dust Music, Universal Polygram International Publishing and ‘Check Your Head’ producer Mario Caldato in the lawsuit.