Circuit Split? I guess it's possible to distinguish this case from the Sixth Circuit's recent decision in the NWA case, as the 9th Circuit was concerned with the underlying copyrighted work, while the Sixth Circuit's decision involved the copyright to the audio recording, nevertheless, it appears that the circuits are taking vastly different approaches to musical sampling cases. The AP reports in "Court Won't Review Beastie Boys Lawsuit." From the article: "The San Francisco-based 9th U.S. Circuit Court of Appeals agreed to dismiss Newton's lawsuit alleging copyright infringement. The appeals court reasoned that the short segment in 'Pass the Mic' was not distinctive enough to be considered Newton's work."