[Rumori] beasties win sampling suit

[stAllio! the original wanksta]

this decision would appear to be the exact opposite of the nwa case
from a few months ago, but i haven't yet found an article with a
detailed enough analysis to be sure...

http://www.smh.com.au/news/World/You-gotta-fight-for-your-right-to-sample/2004/11/10/1100021883656.html

A US appeals court has handed a victory to pioneering punk-rap group
the Beastie Boys in a dispute over the growing musical practice of
sampling, in which recording artists incorporate snippets of other
songs into their own work.

The 9th US Circuit Court of Appeals declined today to reconsider its
decision last year allowing the group to use a six-second segment of
music from jazz flautist James Newton's 1978 composition Choir.

A three-judge panel of the court held in 2003 that the band had abided
by copyright protections by paying a licence fee for a sample of
Newton's recording and therefore did not have to pay an additional fee
to license the underlying composition.

That finding upheld a lower-court dismissal of the case in favour of
the Beastie Boys, and the 9th Circuit today refused to reconsider its
ruling before a larger 11-judge panel.

"We hold that 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," Chief Judge Mary Schroeder wrote in her opinion.

The Beastie Boys used the sample in their song Pass the Mic on their
1992 album Check Your Head.

Representatives for Newton and the Beastie Boys were not immediately
available for comment.

The Beastie Boys helped spark the modern sampling trend in popular
music with the 1989 album Paul's Boutique, which incorporated bits of
music from sources as diverse as Johnny Cash, Bob Marley and the
Beatles to create new music. Sampling has since become a staple of many
artists, especially in the rap and hip-hop genres.

The Beastie Boys have also emerged as leading advocates of a new
approach to licensing known as the Creative Commons, in which artists
record songs that listeners are invited to "rip, sample, mash and
share" over file-sharing online networks like Kazaa or borrow to create
their own compositions.

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