Pass the Mic

"Pass the Mic" contains an unlicensed sample of "Choir", a 1982 composition by jazz flautist James Newton. Newton sued In 2000; the judge found that the sample, comprising six seconds and three notes, was de minimis and too small to require a license. Newton lost appeals in 2003 and 2004.[1]

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.[2]

1. "Pass the Mic" (LP version) – 4:30
2. "Dub the Mic" (Instrumental) – 4:26
3. "Drunken Praying Mantis Style" – 2:37
4. "Pass the Mic (Pt. 2, Skills to Pay the Bills)" – 4:24
5. "Netty's Girl" – 5:39

• "Choir" by James Newton, from Axum
• "Big Take Over" by Bad Brains, from Bad Brains
• "So What'cha Sayin'" by EPMD, from Unfinished Business
• "Big Sur Suite" by Johnny "Hammond" Smith, from Higher Ground

• Lyrics of this song at MetroLyrics