In 1994, the Beastie Boys released their hit song “Sabotage.” The tune was accompanied by an iconic video directed by Spike Jonze parodying 70s crime dramas. On July 10th, band members Adam Horovitz (Ad-Rock), Michael Diamond (Mike D), and the estate of the late Adam Yauch (MCA) filed a suit with the District Court Southern District Of New York against Chili’s.
The lawsuit is against Brinker International, parent company to restaurant chain Chili’s, for copyright infringement and trademark violations.
Allegedly the company did not have permission to use the song “Sabotage” in their latest ad campaign. Not only was the track played, but the ad was clearly trying to parody the well-known music video.
Allegations
“Commencing at some time unknown to plaintiffs but, they are informed and believe, no earlier than November 2022, Brinker produced, sponsored, and encouraged the creation and posting on social media of videos to promote Brinker’s ‘Chili’s’ restaurants that included musical compositions and sound recordings that were used without the permission of the rights owners,” the suit reads. “One such video used, without Plaintiffs’ permission or consent, significant portions of the musical composition and sound recording of ‘Sabotage’ (the ‘Unauthorized Chili’s Video’). Further, Brinker synchronized Plaintiffs’ ‘Sabotage’ musical composition and sound recording with other visual material in the Unauthorized Chili’s Video, in which three characters wearing obvious 70s-style wigs, fake mustaches, and sunglasses who were intended to evoke the three members of Beastie Boys performed scenes depicting them ‘robbing’ ingredients from a Chili’s restaurant intercut with fictitious opening credits, in ways obviously similar to and intended to evoke in the minds of the public scenes from Plaintiff’s well-known Official ‘Sabotage’ video. Use of the ‘Sabotage’ sound recording, music composition and video was all without permission; the plaintiffs do not license ‘Sabotage’ or any of their other intellectual property for third-party product advertising purposes, and deceased Beastie Boys member Adam Yauch included a provision in his will prohibiting such uses.”
Yauch put a provision in his will that prevents using Beasties Boys’ music to promote any third-party products in commercials. This provision also helped the band win a $1.7 million judgment against Monster Beverage in 2014.
The Beastie Boys current suit seeks to block Brinker from any further infringements. Along with “an award of statutory damages … pursuant to the Copyright Act in an amount in each case of not less than $150,000 for the willful infringement of the Beastie Boys Musical Composition, and the Beastie Boys Sound Recordings or … actual damages and profits with respect to each of the foregoing copyrights as permitted under the Copyright Act, in an amount to be determined at trial.”
We’ll keep you posted on updates about this lawsuit as it develops. Seems like the commercial has already been pulled.
