The rappers are in the clear over ‘Pass The Mic’ sample…
The Beastie Boys have won a long-running battle with flautist JAMES NEWTON over the use of a sample.
In the 1992 track ’Pass The Mic’, the rap trio used three notes of music from Newton’s composition ’Choir’.
The musician claimed this his copyright had been infringed, despite the Beastie Boys having paid a licence fee for the sample.
However, on Tuesday (November 9), the US Court Of Appeal upheld its original decision that the rappers did not have to pay an additional fee to licence the excerpt from ’Choir’.
According to BBC News, in 2003 a three-judge panel of the court held that the band had abided by copyright protections by paying a licence fee for a sample of Newton’s recording.
A lower court dismissal of the case was upheld by that finding in favour of the Beastie Boys.
Chief Judge Mary Schroeder wrote in her opinion: “We hold that the Beastie Boys‘ use of a brief segment of that composition, consisting of three notes separated by a half-step over a background C note, is not sufficient to sustain a claim for infringement of Newton’s copyright.”