The American group have challenged flautist James W. Newton over his claim they used an uncleared sample of his...

Beastie Boys have hit back at the lawsuit filed against against them earlier this month by flautist JAMES W. NEWTON over what he claims is an uncleared sample from one of his tracks.

Mike D from the trio told American website Allstar [url=] : “We obtained and paid for all necessary clearances for this sample. We dealt directly with ECM Records, the owner of the master recording, and lived up fully to the agreement we made with them.”

Newton‘s lawsuit acknowledges that permission was sought and gained, but claims that his label, ECM Records, don’t own the rights to the music.

He is seeking US$150,000 damages for a six second sample of ‘Choir’ from his 1982 album ‘Axum’ which is looped 42 times through the Beastie’s 1992 track ‘Pass The Mic’.

The suit also names Capitol Records, Grand Royal Records, Brooklyn Dust Music, and Universal Polygram International Publishing as guilty of copyright infringement and false designation.