The Beatsie Boys have been busy this week. First they took on Arnold Schwarzenegger’s new movie “Sabotage” by telling Ahnold that he would not be allowed to use their song of the same name to promote the box office flop’s upcoming Blu-Ray release. I'm sure Arnold was not pleased.
Arnold made this face
The Beastie Boys have a LONG tradition of no letting their work be used in ads. So people should know by now that unless you're doing a Star Trek movie, you're probably not going to get permission. Even so, Michael "Mike D" Diamond told a Manhattan Federal Court last week that they were offered "a lot of money" to lend their hit to the film, but they aren't "fans of Mr. Schwarzenegger's recent work," and added that the potential collaboration "felt like too much of an endorsement."
Can we do it??
Meanwhile Mike D and Adam “Ad-Rock” Horovits wontheir copyright case against Monster Beverage Corp. On the eighth day of trial yesterday, a Manhattan jury found in favor of the Beasties, agreeing that the energy drink maker used the group's songs in a 2012 promotional video without permission. Monster argued unsuccessfully that an employee mistakenly believed the company had the okay to use some Beastie classics.
Really, they said it was cool. Trust me.
That verdict brought home one-point-seven-million-dollars in damages. DAAYYYUUUMM. The group had originally sought up to two-point-five-million-dollars for copyright infringement and false endorsement. During his testimony, Diamond also said there most likely won't be any upcoming Beastie Boys releases. For those of us who are fans this needs no explanation, but he told that he and Horovitz "can't make new music" after bandmate Adam "MCA" Yauch's 2012 death from cancer.
It's the episode of Law & Order we'll never see ripped from the headlines, sadly. The best of intentions can often lead to the worst of litigation. The Beastie Boys are suing Monster Energy Drinks over the use of their music in an ad from 2012. Monster states that the mistake was a good faith mistake in a statement it released as the trial begins todayMonster has no intention of litigating this matter in the media, but since the case has now received publicity we felt we should let the public know the facts as we see them. Monster in good faith believed it had obtained the rights to use a compilation of certain Beastie Boys music for an Internet video. The video recounted a snowboarding event in Canada that Monster sponsored where the after party featured many Beastie Boys songs played by the DJs in honor of the recent death of one of the Beastie Boys’ members. The music that Monster used was provided by one of the DJs [Z-Trip], who told Monster he had permission. When Monster was notified by the Beastie Boys that the company was mistaken in its belief that it had the proper authorization, Monster immediately removed the video from the Internet. The video received less than 14,000 views during the brief period it was online. This lawsuit is solely about what, if anything, Monster must pay to the Beastie Boys because of Monster’s good faith mistake. In Monster’s view the Beastie Boys are demanding sums that are far beyond any reasonable fair market value.
On face value it does sound like a misunderstanding. On the other hand The Beasties have been very outspoken in the use of music for commercial use. It's even spelled out pretty fully in their 1998 song, a very underrated and one of my favorite Beastie Boys songs, Puttin' Shame In Your Game from 1998's "Hello Nasty":Don't grease my palm with your filthy cash Multinationals spreading like a rash I might stick around or I might be a fad But I won't sell my songs for no TV ad
Seems pretty cut and dry. The Beasties are asking for $1 Million dollars. Monster would much rather have that number capped if they are found at fault.