Beastie Boys Seek to Drop Bomb on 'Paul's Boutique' Sampling Lawsuit

The group asks a judge to dismiss a lawsuit filed the day before Adam Yauch died because casual observers won't be able to identify the source of samples.

TufAmerica, a record label, filed its complaint the day before Adam Yauch died, which led to delay in a response.

On Monday, the group's lawyers asked a judge to find that the plaintiffs can't establish substantial similarity between original recordings  and the Beasties' work, and even if TufAmerica can support copyright infringement claims, to limit the liability thanks to the fact that License to Ill and Paul's Boutique came out more than two decades ago.

The crux of the dispute is that before the Beastie Boys used copyrighted samples on their hit albums, they allegedly needed but failed to get authorization.

For years, unauthorized sampling in hip-hop was ignored, but that's no longer the case. One explanation might be that record labels are looking for new revenue sources. Another explanation -- with more provocative implications -- is that advancing musicology technologies are giving potential plaintiffs greater power to trace sampling sources.

Whatever the reason, the attorneys for the Beastie Boys hint that a fuller explanation is in order.
               "What precipitated Plaintiff to bring this action two decades after the release of the songs in question, and the day before the passing of defendant Adam Yauch, is not explained. Plaintiff is attempting to sidestep the Copyright Act's three-year statute of limitations and the defenses of laches and estoppel in light of its decades-long delay in taking any action."

The lawsuit charges the Beastie Boys with incorporating the recordings "Say What" and "Drop the Bomb," performed by the group Trouble Funk, into songs such as "Shadrack," "Car Thief," "Hold It Now Hit It" and "The New Style."

According to the motion to dismiss:
                 "Any claim for copyright infringement would accrue when Plaintiff knew or had reason to know of the injury, and Plaintiff's claims would be time-barred because the songs "Hold It Now Hit It," "The New Style," "Shadrach" and "Car Thief" are hip hop classics and have been played for nearly a quarter of a century in concerts, on the radio, by the public and in public venues."

Read More: http://www.hollywoodreporter.com/thr-esq/beastie-boys-seek-drop-bomb-395012