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DJ Dropped from Dispute Over Use of Beastie Boys Music
After the Beastie Boys sued over the unlicensed use of several of the rap group's tracks in a remix on the soundtrack to a promotional video, defendant energy-drink maker Monster Energy Co. tried to shift the blame onto an unsuspecting disc jockey. That tactic didn't sit well with Southern District Judge Paul Engelmayer, who dismissed the DJ from the litigation. Beastie Boys v. Monster Energy Co., 12 Civ. 6065.
In a 24-page ruling, District Judge Engelmayer threw out a third-party complaint Monster brought against Zach Sciacca (a.k.a. Z-Trip), a DJ known for mixing songs into mash-ups. Monster alleged that the only reason it engaged in unauthorized use of the Beastie Boys' music was that Sciacca fraudulently represented that he had authority to grant a license to the songs. Judge Engelmayer called that claim “risible,” in siding with DJ Z-Trip's lawyer Stewart Levy at Eisenberg Tanchum & Levy and the Beasties' lawyers at Sheppard Mullin Richter & Hampton.
In 2012, Monster sponsored a snowboarding competition in Canada that included an after-party featuring Z-Trip. Monster made a video about its snowboarding festival and posted the video on YouTube. The soundtrack to the video was “Mega-Mix,” a remix of various Beastie Boys songs created by Z-Trip. The Beasties had approved of Z-Trip's use of their songs. The band never signed off on Monster using the music in its video, however, and the company never sought the permission.
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