Newton v. Diamond

Citation: Newton v. Diamond, 388 F.3d 1189, 73 U.S.P.Q.2d (BNA) 1152 (9th Cir. 2004).

The Court held that the Beastie Boys use of a sample from a sound recording by jazz flutist James Newton in their song was de minimis copying, and therefore, not a copyright infringement. The Court held that the defendants did not appropriate the “overall essence or structure” of the composition such that the average audience would recognize it has Newton’s work. The three-note, six-second sequence was “simple” and “generic” and constituted only two percent of the entire work.