Is Fair Use Really The Problem?
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.
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