GoldieBlox vs. The Beastie Boys: Was a Settlement "Just Right?"

Courtesy of Google Images

Courtesy of Google Images

The toy company, GoldieBlox, has settled the copyright lawsuit filed against them by the Beastie Boys.  This suit was a result of a parody made by the toy company, which featured their rewrite of the Beasties' song, "Girls."  Even though GoldieBlox took down the original video and replaced it with the same video with a different audio track, the Beastie Boys did not withdraw their suit.  This did not seem to fit the Beastie Boys' typical MO, as they are normally the ones defending their work.  Why have they suddenly become the aggressors and why did GoldieBlox settle with them?

Courtesy of Twisted Sifter.com

 The Beastie Boys do have an understandable reason to be upset over the parody.  Adam Yauch's will expressly forbade the use of "any music or any artistic property created by me be used for advertising purposes" (Cubarrubia par. 2).  I can understand how this would upset them, after all, GoldieBlox did not ask their permission.  However, they should not have had the level of success that they did under fair use.

I can respect the Beastie Boys for fighting for the wishes of their late band mate, but they should not have a case legally.  Goldieblox's fair use defense would have stood up in a court.  It followed all of the guidelines for fair use, as laid out by Corynne McSherry:

1. The purpose or nature of the use (McSherry par. 5).
2. The nature of the original work (McSherry par. 6).
3. The amount of the original work used (McSherry par. 7).
4. Market harm (McSherry par. 8).

All of these factors support GoldieBlox claim of fair use.  What this all boils down to is, if this had gone to court, GoldieBlox would have won the case.

That being said, even given my limited knowledge of court procedures, I know that a settlement was, sadly, the best option.  Being a small company, GoldieBlox could not have withstood a drawn out legal battle.  All the Beasties' would have to do is wait them out.

While I believe that GoldieBlox would have won had it gone to trial, I understand that if they had tried to win the battle they would have lost the war.  GoldieBlox did everything the best way they could from the position that they were in.  They made a great video, and, even though they had to settle, they are still here to make another great video.

                                                                                 Works Cited   

Cubarrubia, RJ. “Adam Yauch's Will Prohibits Use of His Music in Ads.” Rolling Stone. 9 August 2012. Web. 7 April 2014.

McSherry, Corynne.  “Girls Against Boys: What's Wrong With the (Latest) Beastie Boys Lawsuit.” Electronic Frontier Foundation. 24 November 2013. Web. 7 April 2014.

Wee, Heesun. “Toy start-up GoldieBlox settles lawsuit with Beastie Boys.” CNBC. 18 March 2014. Web.               10 April 2014.