Beastie Boys Girls Lawsuit: Rap Group Countersues Goldieblox Over Viral Video
From the "this won't end well" files: the surviving members of the Beastie Boys have filed a countersuit against the Goldieblox toy company for the use of their song, "Girls," in a commercial.
According to the New York Daily News, GoldieBlox pulled the Beastie Boys' song from their video, which gained more than 8 million view on YouTube, but then sued the Beastie Boys seeking a declaration that their use was a parody and therefore fair. The Beastie Boys' counterclaim cites the wishes of late group member that their songs never be used in advertising of any kind. The video, claims the band, "directly resulted in a massive increase in the sales" of GoldieBlox and therefore falls under the umbrella of advertisement.
"Unfortunately, rather than developing an original advertising campaign to inspire its customers to create and innovate, GoldieBlox has instead developed an advertising campaign that condones and encourages stealing from others," the counterclaim reads.
The Huffington Post sat down with an intellectual property expert to discuss the ramifications of the use of the song in the ad, and the attorney says that the law is clearly in favor of the Beasties. "GoldieBlox probably doesn't have the right to use the song," attorney and intellectual property expert Jonathan Moskin said. "They may be commenting on the misogynistic lyrics of the Beastie Boys, but in doing that, clearly their motive is to sell their own toys."
Julie Ahrens, director of Copyright and Fair Use at Stanford's Center for Internet and Society, offers an interesting counterpoint. "The greater message is, 'Let's rethink how we stereotype what's a girl's role, or what a girl's product might be. So this product itself has its own social goal as well. So I think that gives the GoldieBlox some real ammunition in a fair use argument ... And frankly, as far as whether it's commercial or not, they aren't selling a CD that's competing with the Beastie Boys music."