The Beastie Boys have filed a lawsuit against Brinker International Inc., the parent company of Chili’s Grill & Bar, for allegedly using their iconic song “Sabotage” in advertisements without permission. The lawsuit, filed in New York federal court, claims that Brinker facilitated the creation of social media videos to promote Chili’s starting around November 2022, which not only used the sound recording of “Sabotage” without authorization but also mimicked the song’s famous music video.
The complaint highlights that the advertisements in question featured three characters dressed in 1970s-style outfits, similar to those worn by the Beastie Boys in the Spike Jonze-directed music video for “Sabotage.” In the original video, band members Adam “Ad-Rock” Horovitz, Adam “MCA” Yauch, and Michael “Mike D” Diamond portrayed characters in a fictional 1970s-style police show. The Chili’s ads depicted three characters “robbing” ingredients from a Chili’s restaurant, a clear nod to the music video.
Representatives from Brinker International have not responded to requests for comment on the lawsuit.
“Sabotage,” released in January 1994 as the first single from the Beastie Boys’ fourth studio album “Ill Communication,” has been celebrated as one of the greatest songs of all time and has been widely referenced in pop culture. The lawsuit claims that the unauthorized use of the song and the imitation of its music video have caused and will continue to cause damages to the band.
The Beastie Boys are seeking a permanent injunction to stop Brinker from using their work, statutory damages of $150,000 for each case of copyright violation, attorney fees, and three times the profits from false representations and use of their trademarks. The band argues that Brinker acted with “willful disregard of the harm to plaintiffs.”
The case was filed by surviving Beastie Boys members Adam Horovitz and Michael Diamond, along with the executor of the estate of Adam Yauch, who passed away from cancer in 2012. Yauch’s will specifically prohibits the use of his music in advertisements.
This is not the first time the Beastie Boys have taken legal action over unauthorized use of their music. In 2014, they won $1.7 million in a copyright violation case against Monster Energy drink for the company’s unauthorized use of one of their songs. The court also ordered Monster to pay an additional $668,000 in legal fees.
The Beastie Boys have a long-standing policy of not licensing their music for third-party product advertising. However, they made an exception in 2020 when they allowed “Sabotage” to be used in a TV advertisement supporting Joe Biden’s presidential campaign. The band agreed to this use due to the importance of the election and the impact of the COVID-19 pandemic on the live music industry.
The lawsuit against Brinker International underscores the band’s commitment to protecting their intellectual property and ensuring that their music is not used without permission. The Beastie Boys have been inducted into the Rock and Roll Hall of Fame and have sold over 40 million records worldwide. Their influence on music and pop culture remains significant, and they continue to be vigilant in safeguarding their legacy.
The outcome of this lawsuit could have broader implications for the use of music in advertising and the rights of artists to control how their work is used. As the case progresses, it will be closely watched by the music industry and legal experts alike.
Source: Variety, The Independent, CBS/AP
