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The Beastie Boys released Paul’s Boutique in 1989, and immediately its Dust Brothers’ produced sound collage was hailed by critics. It was widely known at the time that the album contained multiple samples, but all the sources weren’t immediately clear. In TufAmerica’s original complaint, the plaintiff stated that “only after conducting a careful audio analysis” was it able to “determine” that the Beastie Boys had sampled its music.

That allegation raised a provocative issue: If the copying was so minimal as to avoid detection, was the appropriation sufficiently substantial to be deemed an infringement?

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– http://www.hollywoodreporter.com/thr-esq/beastie-boys-cant-escape-pauls-628260