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11-05-2003, 05:48 PM #1
beastie boys' court victory (Xpost)
If you have any interest in the legal rules governing digital sampling of music, check this out:
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/opinions+by+date?OpenView&Start=1&Count=100&Ex pand=1 .1#1.1
click on "newton v. diamond" under November 2003
(beastie boys were supported by numerous amicus curaie parties including DJ Shadow).
11-05-2003, 06:26 PM #2
Can somebody with some sort of legal knowledge please post a summary of what the fuck that thing means?"There is a hell of a huge difference between skiing as a sport- or even as a lifestyle- and skiing as an industry"
Hunter S. Thompson, 1970 (RIP)
11-05-2003, 07:17 PM #3Originally posted by Plakespear
Can somebody with some sort of legal knowledge please post a summary of what the fuck that thing means?
the court held that beasties' use of 3-note jazz flute sample looped throughout "pass the mic" [on check your head] did NOT infringe the songwriting copyright in the underlying song composition, called "Choir" (beasties licensed the sound recording in Choir, which is a separate copyright).
the analysis is not based on the length of the sample (even though it was only 3 notes), but whether the sampled portion constituted the hook, or other "heart," of the underlying song composition. the court concluded the sample was not sufficiently important to the underlying song Choir, and therefore would not be recognizable as coming from Choir to the listener of "pass the mic".
11-06-2003, 08:48 AM #4
and this means what??????????For sure, you have to be lost to find a place that can't be found, elseways everyone would know where it was