Newton v. Diamond
United States Court of Appeals for the Ninth Circuit
349 F.3d 591 (2003)
- Written by Sean Carroll, JD
Facts
Flutist James W. Newton (plaintiff) composed the song “Choir” in 1978. The song included vocals over flute music and incorporated elements from musical styles Newton heard in church as a child. Newton performed “Choir” in 1981, including his distinctive performance techniques and unique choices in the performance. Newton assigned the rights to the recording of the performance to ECM Records. Newton retained all composition rights. The sound recording and the composition therein were protected by separate copyrights. In 1992, the musical group the Beastie Boys (defendant) licensed portions of “Choir” from ECM Records to sample in the song “Pass the Mic.” The Beastie Boys did not obtain a license from Newton to use the composition from “Choir.” The Beastie Boys sampled the first six seconds of “Choir” and looped it repeatedly throughout “Pass the Mic,” as well as in two remixes of “Pass the Mic.” The six-second segment included only three notes. Newton sued the Beastie Boys for infringement of his copyright covering the composition.
Rule of Law
Issue
Holding and Reasoning (Schroeder, C.J.)
Dissent (Graber, J.)
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