9 December 2014Copyright

Beastie Boys copyright win against Monster upheld

Drinks producer Monster Energy has failed to overturn a court ruling that said it infringed copyright belonging to hip hop band Beastie Boys.

The ruling, by the US District Court for the Southern District of New York, means the energy drink company will have to fork out the $1.7 million fine imposed on it this summer.

During the initial trial in June this year, California-based Monster admitted using Beastie Boys’ songs in a promotional video but said it had obtained permission.

The case centred on an online advertising campaign by Monster that showed a review of a Canadian snowboarding competition called Ruckus in the Rockies, which the company sponsors.

The soundtrack was a remix of songs by the Beastie Boys, including Sabotage and Pass the Mic.

Monster acknowledged it had infringed copyright but disputed the $1.7 million damages because it thought it had permission to use the music. The company argued that $125,000 would be a more reasonable figure.

But in a ruling at the US District Court for the Southern District of New York, on Thursday (December 4), District Judge Paul Engelmayer refused to throw out the verdict.

Engelmayer criticised the man who commissioned the video for not getting permission to use the songs.

“There was ample evidence from which a jury could conclude that Phillips [Nelson Phillips, who commissioned the video] well appreciated the concept of copyright and the consequent need to obtain permission to use an artist’s music in the promotional videos he created for Monster,” Engelmayer wrote.

He added that the video gave the viewer “ample basis” to assume that Beastie Boys were endorsing the product by providing music.

It is not the first time Beastie Boys have taken issue with a company using their music without permission.

Last year, the band accused California-based toy company GoldieBlox of ripping off one of its songs in an online advert. During that dispute, which ended in a settlement, the band cited the late member Adam Yauch, who had requested in his will that the band’s music not be used in advertising.

Monster did not immediately respond to a request for comment.

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