The US case of
Beastie Boys v Monster Energy serves as a sobering reminder of the need for brands to ensure that they have adequate licences in place before launching a product, or face the consequences of failing to do so. A Monster promo video used a soundtrack that remixed several Beastie Boys songs and had been created by DJ Z Trip. Whilst Z Trip had a licence from the Beastie Boys for a previous unrelated promo, he did not possess a licence to authorise third party use, nor did Monster seek permission from the Beastie Boys. The Court found false endorsement and copyright infringement and ordered Monster to pay USD 1.7 million in damages. Specifically, wilful copyright infringement (attracting a higher damages award) was found because an approach to Z Trip for a licence had been made and the Monster employees that commissioned the work had previous IP and third party rights-approval experience. This case reinforces the importance of taking care when clearing copy that has been created by in-house teams or third party agencies, especially where multiple rights and complicated chains of ownership are involved. Internal licence processes and procedures and in-house training are also invaluable tools in mitigating or avoiding such situations.
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