And the GoldieBlox vs. Beastie Boys saga continues. As previously reported, toy company GoldieBlox has been in a legal battle with the Beastie Boy's over the use of the song "Girls" in a parody advertisement. The surviving members of the band published an open letter regarding the case, saying that it was the company who had initiated legal action. GoldieBlox responded in an open letter on the company's blog offering to withdraw its lawsuit if the Beastie Boys agreed not to threaten a copyright infringement.
Now the Beastie Boys have officially counter-sued the feminist toy company for copyright infringement. A counter-claim filed yesterday in New York argues that the parody version of "Girls" doesn't fall under "fair use" as Goldieblox had claimed last month in a preemptive lawsuit.
Beastie Boys' lawyers allege that the toy company "has acted intentionally and despicably with oppression, fraud, and malice toward the Beastie Boys Parties. Apparently, this is not the first time Goldieblox has used parody songs without permission. The lawyers cited Queen and Daft Punk as other parodied artists. The lawsuit requests that all profits earned from the ad campaign go to the Beastie Boys.
If both parties don't settle out of court, it will be up to a judge to determine if the parody is "fair use" or "copyright infringement" using a four-pronged test that defines: 1) The purpose and character of the use 2) the nature of the copyrighted work 3) the amount and substantially of the portion taken 4) the effect of the use upon potential market."
As Consequence of Sound notes, a clause in the will of Adam "MCA" Yauch might also play a role in the decision. It states that no music featuring his likeness may be used in advertising. We will continue to update you as the case unfolds. Leave your comments below!
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