Is Fair Use Really The Problem?

Image courtesy of Telegraph

Even though the debate between GoldieBlox and the Beastie Boys debate has been officially settled, everyone and their mother seems to be dying to voice their opinion on the matter. Notable to me is the widespread idea that since Goldieblox’s parody of  “Girls” falls under fair use, the Beastie Boys are in the wrong for wanting to take it down. Of greater interest to me is that these same people seem to be dismissive (at best) of the fact that former Beastie Boys member Adam Yauch requested in his will that no Beastie Boys music be used for advertising. Even though the debate is over, I think it is important to acknowledge that this is why the Beastie Boys really wanted the parody removed.

Put yourself in the shoes of the Beastie Boys for a second. If one of your closest friends asked nothing more of you than to respect their dying wish, would you not feel a moral obligation to do so?

Look, I get it. It’s all fine and dandy to want to promote a positive message, especially when that message is transforming a politically incorrect idea into something empowering for women. What I value significantly less is trying to use that message to overpower a dying wish in Adam Yauch’s will. I wonder if GoldieBlox’s supporters would be so quick to raise their pitchforks at the Beastie Boys if the parody was a message of hatred instead. Rather, the Beastie Boys would likely be commended for trying to protect their work. But note this, the Beastie Boys’ moral position would be no different, because their argument is on another level to those defending GoldieBlox.

I am not, despite what it may seem, trying to say that team GoldieBlox are wrong. In fact, I think that there is definite merit to their cause for the following reason:

1) I whole-heartedly agree that GoldieBlox’s parody of “Girls” falls under fair use. Indeed, in blogger Corynne McSherry’s article, Girls Against Boys: What’s Wrong With the (Latest) Beastie Boys Lawsuit, she explains why the four factors of fair use favor the parody. If that’s all there was to it, then I would agree that the Beastie Boys are evil ‘bullies’ for wanting to take the song down.

2) However, we need to look outside the context of just “Girls”. We need to remember that what made the Beastie Boys so popular in the first place was the passion that Michael Diamond, John Berry and Adam Yauch had for music and the joy they brought their listeners. More than anything, it saddens me to think that we can so simply disregard Yauch’s will because the factors of fair use favor a Toy Company’s commercial.

Image courtesy of Twisted Sifter

No matter what side you are on, I hope it is clear that more attention needs to be paid to Adam Yauch’s will. While this debate is closed in the courts, it remains open for public opinion to solve. Maybe we need to see just how close the “Girls” parody was to breaking fair use. Maybe we need to add more clauses to the fair use doctrine. Or maybe we need to ask the question: is fair use really the problem?

Works Cited

Blistein, John. “Beastie Boys Settle Lawsuit Over ‘Girls’ Toy Commercial.” Rolling Stone Music. 18 March 2014. Web. 17 April 2014.

Cubarrubia, RJ. “Adam Yauch’s Will Prohibits Use of His Music in Ads.” Rolling Stone Music. 18 March 2014. Web. 17 April 2014.

McSherry, Corynne. “Girls Against Boys: What’s Wrong With the (Latest) Beastie Boys Lawsuit.” Electronic Frontier Foundation. 24 Nov. 2013. Web.  17 April. 2014.