Pass the Mic

"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.

"Pass the Mic"
Single by Beastie Boys
from the album Check Your Head
B-side	"Time for Livin'", "Drunken Praying Mantis Style", "Netty's Girl"
Released	April 7, 1992
Genre	Hip hop, rap rock, rapcore
Length	4:16
Label	Capitol
Songwriter(s)	Michael Diamond, Adam Horovitz, Adam Yauch, Mario Caldato Jr.
Producer(s)	Beastie Boys, Mario Caldato
Beastie Boys singles chronology
"Shadrach" (1989) "Pass the Mic" (1992) "So What'cha Want" (1992)
Music video
"Pass the Mic" on YouTube

Lawsuit

"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]

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.[2]

Track listing

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

Samples

• "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

Charts

Chart (1992)	Peak position
UK Singles Chart[3]	47
U.S. Billboard Hot Dance Music/Maxi-Singles Sales[4]	38

References

1. "Beastie Boys Emerge Victorious In Sampling Suit". Billboard. 2004-11-09. Retrieved 2020-05-24.
2. United States Court of Appeals, Ninth Circuit. "Newton v. Diamond, 388 F. 3d 1189 – Court of Appeals, 9th Circuit 2004". Retrieved December 19, 2012.
3. "The Official Charts Company - Beastie Boys". Official Charts Company. Retrieved 2011-05-10.
4. "Check Your Head - Beastie Boys - Billboard Singles". Allmusic. Rovi Corporation. Retrieved 2011-05-10.

External links

• Lyrics of this song at MetroLyrics