1992 single by Beastie Boys
"Pass the Mic" is the first single from the third studio album Check Your Head by American rap group the Beastie Boys, released on April 7, 1992.
Sampling lawsuit
In 2003, Beastie Boys were involved in the landmark sampling decision, Newton v. Diamond. In that case, a federal judge ruled that the band was not liable for sampling James Newton's "Choir" in their track, "Pass the Mic". The sample used is the six-second flute stab. In short, Beastie Boys cleared the sample but obtained only the rights to use the sound recording and not the composition rights to the song "Choir". In the decision, the judge found that:
when viewed in relation to Newton's composition as a whole, the portion is neither quantitatively nor qualitatively significant... Because Beastie Boys' use of the sound recording was authorized, the sole basis of Newton's infringement action is his remaining copyright interest in the 'Choir' composition. We hold today that Beastie Boys' use of a brief segment of that composition, consisting of three notes separated by a half-step over a background C note, is not sufficient to sustain a claim for copyright infringement.[1]
