Pass the flute.
One of the side effects of the RIAA’s lawsuit-happy attitude is smaller people getting into the habit. Here’s one example:
The Beastie Boys and James Newton have been fighting over a sample the Beastie Boys used in “Pass the Mic.” This is James Newton’s story and the Beastie Boys Response. It’s interesting to note that their stories differ significantly. James says “They did not change in any way what they sampled from ‘Choir.’” The Beasties say they extend the sample considerably to use as a drone.
James fails to make the distinction between getting permission to use a sample of a specific performance of a piece (which the Beasties did) and getting permission to use a particular musical phrase from the score. Since the Beasties were not re-performing the piece but instead using the actual performance, they say they were not required to get permission to use the scoring. In addition, they insist that the combination of notes — C/Db/C — is not original enough to get copyright protection on its own. The court has agreed with the Beasties, who are now countersuing James for the approximately $500,000 they’ve spent on court costs.
The Beasties claim to have given James a generous offer — on a suit as weak as James, I’d think any offer was generous. But James was apparently holding out for 50% ownership of the song. For writing three notes. Now James is concerned about the mean Beastie Boys countersuing him.
You know what I think? I think he saw a band with deep pockets, took a gamble, and got burned. Regardless of how much money the Beastie Boys may have, I wish them a lot of luck in their countersuit.