Published Nov 29, 2012The day before Adam Yauch died this spring, the record label Tuf America slapped the Beastie Boys with a copyright infringement lawsuit regarding samples taken from the band Trouble Funk. Now, the Beasties' lawyers have responded by asking a judge to throw the case out.
The lawyers pointed out on Monday (November 26) that the samples are so well concealed that the label didn't learn of their existence prior to conducting technological audio analysis. As the Hollywood Reporter reports, they argued, "Because Plaintiff admits that the casual observer cannot identify Plaintiff's musical compositions and sound recordings... there can be no substantial similarity."
Moreover, the lawyers claimed that the samples in question are so old that the complaint is no longer valid. According to their argument, "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 suit concerns the Trouble Funk song "Drop the Bomb" (samples of which apparently popped up on Beastie Boys' "Hold It Now Hit It," "The New Style" and "Car Thief") and "Say What" (which was sampled on "Shadrach").