James Newton

James W. Newton (born May 1, 1953) is an American flautist who performs in jazz and classical styles.

Biography He was born in Los Angeles, California, United States. In addition to taking lessons in classical music on flute, he also studied jazz with Buddy Collette. He completed his formal musical training at California State University, Los Angeles.

From 1972 to 1975 Newton was a member of the group Black Music Infinity, led by drummer Stanley Crouch and also featuring David Murray, Bobby Bradford, and Arthur Blythe.

In the federal district court case, Newton claimed that the group infringed his copyright on the composition, by making use of the three-note sequence embodied in the sampled sound recording. The group argued that copyright law treats sound recordings and the underlying compositions as separate entities, with different thresholds for originality; a six-second audio clip must be licensed from the record company, but under the de minimis doctrine, a mere three notes of a composition need not be licensed from the composer or publisher.

With summary judgment in 2002, the court agreed with Beastie Boys, holding that the group had fulfilled its legal obligation by licensing only the sound recording in 1992. At that time, Beastie Boys paid a fee of US$1,000 to ECM Records, the record label to which Newton had previously given contractual permission to license the sound recording. As is standard procedure in copyright cases, Beastie Boys then asked the court for Newton's lawyers to reimburse Beastie Boys' lawyers for $492,000 in legal fees, but the court declined to award costs. Newton petitioned the court to re-hear the case en banc, but this resulted in a 2004 amended opinion in which the court strengthened its position.

Discography As leader 1977: Solomon's Sons (Circle) 1977: Binu (Circle, with Mark Dresser, Tylon Barea, Rudolf Kreis) 1978: Paseo del Mar (India Navigation) 1979: Hidden Voices (India Navigation) with Anthony Davis 1979: The Mystery School (India Navigation) 1981: Axum (ECM) 1982: James Newton (Gramavision) 1982: Portraits (India Navigation) 1983: Luella (Gramavision) 1984: Echo Canyon (Celestial Harmonies) 1985: The African Flower (Blue Note) 1987: Romance and Revolution (Blue Note) 1984: In Venice (Celestial Harmonie) 1990: If Love (with Billy Hart, Anthony Cox, Mike Cain) 1990: Trio2 with Anthony Davis, Abdul Wadud (Gramavision) 1994: Suite for Frida Kahlo (Sledgehammer Blues) 1996: David Murray/James Newton Quintet (DIW) with David Murray 1997: Above Is Above All (Contour)

As sideman With Arthur Blythe Lenox Avenue Breakdown (Columbia, 1979) With John Carter Dauwhe (Black Saint, 1982) With Buddy Collette Flute Talk (Soul Note, 1988) With Andrew Cyrille X Man (Soul Note, 1994) Good to Go, with a Tribute to Bu (Soul Note, 1997) With Chico Freeman Peaceful Heart, Gentle Spirit (Contemporary, 1980) With Leroy Jenkins Mixed Quintet (Black Saint, 1979) With David Murray Creole (Justin Time, 1998) With Sirone Artistry (Of The Cosmos, 1979)