Klein & Wilson

Monster to 'face the music' over Beastie Boys flap

California based energy drink maker, Monster, has been embroiled in legal troubles stemming from accusations about the amount of caffeine in its drinks and how it reportedly has caused a number of deaths. Now it is fending off allegations that it used several recordings without permission in promoting an event.

According to a Bloomberg.com report, Capital Records, LLC and Universal-Polygram International Publishing Inc. are suing Monster over the drink maker’s alleged use of several Beastie Boys tracks in a video shown at a snowboarding event in 2012. The recording companies reportedly own the rights to the songs and claim that Monster did not seek their permission before using them to promote the event.

According to court filings, the companies are seeking $1.2 million in damages, and a court order that prohibits Monster from using the music in promoting other events in the future. It is unknown at this point what defenses Monster may offer to defend itself, or whether it intends to formally deny the allegations raised, but it creates some important questions over what must (or should) be done before an advertiser creates a promotional scheme for a company or entity using copyrighted material.

Generally, some type of release or license must be obtained that details the method (or limits) to what the copyrighted material may be used for. That way, the permission given is clearly explained and questions about it can be resolved in a reasonable manner. It also creates an understanding surrounding the payment of royalties for the material. 

No Comments

Leave a comment
Comment Information
  1. RATED BY | Super Lawyers | Top 100 | Southern California | SuperLawyers.com
  2. Avvo Rating | 10.0 | SUperb | Top Attorney Litigation
  3. PREEMINENT AV | Martindale-Hubbell | PeerReviewRated
  4. RATED BY | Super Lawyers | Top 50 | Orange County | SuperLawyers.com
  5. Best Lawyers | BEST LAW FIRMS | U.S.NEWS | 2018
  6. KLEIN & WILSON | RECOGNIZED BY | Best Lawyers | 2019
  7. AMERICA'S TOP 100 | TOP 100 | ATTORNEYS
  8. The AMERICAN LAWYER
  9. AVVO Client's Choice | Award 2017
  10. OCTLA | Orange County | Trial Lawyers Association | Trial Lawyer Of The Year
  11. The National Trial Lawyers | Top 40 Under 40

Contact Our Attorneys Today

Please call the law office at 949-478-0521 or fill out the form below to arrange a consultation with a lawyer.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Get Started

Klein & Wilson
4770 Von Karman Avenue
Newport Beach, CA 92660

Phone: 949-478-0521
Fax: 949-631-3703
Newport Beach Law Office Map

Map
Firm Office