Newton v. Diamond

ORDER

MANELLA, District Judge.

1) GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

2) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

The Beastie Boys, an alternative rock and hip-hop band, and their business asso- dates (“Defendants”) sampled a six-second, three-note sequence of a flute composition composed and performed by James W. Newton, Jr. (“Plaintiff’). Plaintiff concedes that Defendants licensed the sound recording of his work, but alleges that Defendants’ use of the sample infringed upon the underlying musical composition. Both parties have filed motions for summary…