Beastie Boys Sabotage Chili's Restaurant Commercial
If you’re a Beastie Boys fan, you’re in for some weird legal news. One of America’s biggest casual-dining restaurant chains recently used one of the iconic group's smash 90s hits on their commercials – without permission. Chili’s, to its detriment, forgot that the Beastie Boys always fight for their rights.
Intergalactic Fame
You don’t have to be the biggest 80s and 90s hip-hop fan to be familiar with the Beastie Boys. Their songs and influence can be seen anywhere – you’ll certainly recognize "(You Gotta) Fight for Your Right (To Party)." The group formed in New York City in 1981, originally consisting of Michael "Mike D" Diamond, Adam "MCA" Yauch, and Adam "Ad-Rock" Horovitz. The trio achieved international fame with their eclectic musical style comprised of an eclectic blend of hip-hop, punk, and rock influences, as well as their subversive and witty lyrics. With a career spanning over three decades, the group has released a string of critically acclaimed and commercially successful albums, including Licensed to Ill, Paul's Boutique, and Ill Communication.
The Boys have long been known for their energetic presence, whether that be on live performances or their music videos. One of their most iconic songs, “Sabotage,” had an equally memorable video – seemingly a parody of 1970s cop shows like "Starsky & Hutch" and "The Streets of San Francisco." As such, the music video featured some of the recognizable qualities of those old police series, like low-budget aesthetics, cheesy costumes, and over-the-top acting. The film is even shot in a grainy, retro style with quick cuts and exaggerated action scenes.
The band members play fictional detectives who are trying to solve a mystery, sporting fake mustaches, wigs, and polyester suits. The video features the Beasties cruising around in a convertible, chasing bad guys, and getting into various misadventures. There are plenty of humorous moments, including a memorable scene where they're trying to sneak up on a suspect but end up getting stuck in a doorway. The video was directed by Spike Jonze, a renown director of movies, TV, and music videos who’s known for his quirky and often humorous approach to them.
“Sabotage” was released in 1994, and together with its music video, became pretty iconic pieces of audio and video. It was so recognizable, it’s still relevant thirty years later. Perhaps that’s why Chili’s ad men thought it would be a good idea to use in their recent commercials.
Chili’s Samples Willy-Nilly
In 2022, Chili’s launched a commercial that used parts of the original “Sabotage” song. While it didn’t feature any of the original “Sabotage” music video, it used instead newly-created scenes that pretty clearly were meant to mimic the Beastie Boys’ version. In other words, the Chili’s commercial featured clips of three people (their own actors) also in 70’s-style disguises. Among other stunts, they were shown stealing ingredients from a Chili’s restaurant – which, if you’ve ever eaten at one, seem unlikely to be all that valuable.
Soon enough, the two Boys still living themselves became aware of the ad. And they weren’t particularly thrilled, considering that no one had asked them about it. Chili’s, along with other casual dining restaurant chains, is owned by Brinker International. So, last Wednesday, the Boys filed a lawsuit in a New York federal court accusing Brinker of using their song without permission. MCA, who passed away in 2012, is represented by his estate.
Boys Sabotage the Commercial
In the legal complaint, the Boys’ attorneys claim that the restaurant commercial infringes on the group’s “distinctive music and performing style” and products created by the group or sold under their brand, which they claim “have acquired secondary meaning, fame and significance in the minds of the purchasing public.” The complaint list two claims of copyright infringement, one each for the song and its music video. The Boys are asking for a jury trial and a minimum of $150,000 in damages.
Chili’s and Brinker did not care to comment. We’re not sure who their attorneys are, but they’ll probably be hoping to settle with the Boys instead of litigating out in court what seems to be a losing battle for the restaurant. Guess they should have read our article on Obtaining Permission Before Sampling Music. The tl;dr? This is not one of those situations in which you should ask forgiveness instead of permission.
Related Resources:
- How To Start an Independent Record Label (FindLaw's Learn About the Law)
- The Top 10 Music Plagiarism Cases of All Time (FindLaw's Legally Weird)
- Understanding Copyright Licenses (FindLaw's Learn About the Law)