In Reply to: Flautist James Newton needs help!!! posted by D Harvey on August 28, 2002 at 13:20:11:
What you posted makes it sound like the Beastie Boys ripped off the music.In point of fact, the Washington Post says that the Beastie Boys sought and paid for a license from the record label ECM that had put out the performance of the composition in suit that was sampled. They acted reasonably and paid a license fee.
As a general rule, record labels obtain rights to sublicense or otherwise exploit all aspects of what they have invested in putting out, and the WashPo article said that ECM's check to the composer was returned for lack of a forwarding address.
Now he might not like that. And he is aparently saying that a separate license was needed for the underlying composition.
Tough call, honestly. Lead sheets protect the song, but unless you copyright the arrangement, and I mean every "ooh" and "aah" the girl singers sing, you could fall between the ship and the dock in such a close case.
Was the particular flute/vocal technique part of the performance or part of the composition? I can't say the judge was flat wrong. And the WashPo also said that the judge denied the Beasties' fee application.
Cheerio,
JOHN
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Follow Ups
- Not as clear-cut as this makes it out... - John Marks 18:41:40 08/30/02 (1)
- Re: Not as clear-cut as this makes it out... - D Harvey 09:40:51 09/03/02 (0)