The Beastie Boys waged legal war with Monster Energy and walked away more than a million dollars richer as a result. The lawsuit stems from Monster using advertisements which featured the bands’ songs as well as their images without the proper permission.
The Beastie Boys allege that Monster created promotional material that included clips of five different songs as well as images of the band members. The fact that the audio and visual materials were used without permission amounted to claims of copyright infringement, false endorsement and misrepresentation.
Monster conceded to the fact that they had not received the appropriate permissions required to use the material which belonged to the rap group. This meant that the courts merely had to decide on a fair settlement to be paid to the Beastie Boys for the copyright infringement. After deliberation it was determined that Monster would pay the group $120,000.00 per act of infringement (for ten total acts) and half a million dollars for false endorsement for a total settlement of $1.7 million.
While Monster remains one of the most popular energy supplements on the market, this was a very expensive lesson for the company to learn. Hopefully in the future their marketing department will take all the proper steps to ensure a partnership is in place prior to using an artist’s work.
If you feel as though a company has used your music, words or images to profit without your permission you should reach out to an attorney as soon as possible. An experienced California lawyer can evaluate advertising and promotional videos next to your original work in order to determine if your rights have been violated. If there is any evidence of infringement, your attorney can take the necessary steps to secure any monetary damages you might be entitled to from those who used your original physical or intellectual property.
AXIS Legal Counsel represents entertainment clients in a variety of intellectual property disputes, including unlawful sampling, infringement, violations of name, likeness, and image, trademark, copyright, and rights to publicity. Whether it involves agents, managers, talent, musicians, artists, visual artists, producers, filmmakers, directors, photographers, actors/actresses, models, writers, authors, filmmakers, composers, television, singers, songwriters, publishers, or technical talent, AXIS Legal Counsel offers strong representation to all those within the entertainment industry. Rabeh M. A. Soofi, managing attorney of AXIS is ranked as one of the “Top Women Lawyers of Southern California” by SuperLawyers Rising Stars, and is a Los Angeles entertainment lawyer representing entertainment clients with numerous types of legal matters. AXIS Legal Counsel offers aggressive representation to copyright, trademark, patent, and other intellectual property rights holders involved in infringement or intellectual property disputes, whether connected to the entertainment industry or technology sector. AXIS assists clients in applying for intellectual property protection as well as litigating disputes, including copyright litigation, copyright lawsuits, non-solicit agreements, non-competes, trade secrets, cyberlaw, intellectual property, and others. Axis’ managing attorney Rabeh M. A. Soofi is ranked as one of the “Top Women Lawyers of Southern California” by SuperLawyers Rising Stars, and counsels clients in need of a Los Angeles Intellectual Property Attorney for copyright and copyright disputes.
For information on retaining AXIS Legal Counsel for legal advice on any entertainment matter, contact firstname.lastname@example.org or call (213) 403-0130 for a confidential consultation about your legal issue, or visit our Individual Privacy Rights Practice Area or Entertainment Portal for more information.