
GoldieBlox has one basic 
mission: to create toys that help girls develop an early interest in 
science, technology, engineering, and math. To promote its products 
during the holiday season, the company recently released a video that 
featured a version of “Girls,” a song by the Beastie Boys. On the 
surface, the parody–which featured different lyrics than the 
original–seemed harmless. But the Beastie Boys didn’t view it that way.
After GoldieBlox preemptively filed a lawsuit
 that claimed the company should indeed be able to use the song in its 
parody, the rap group wrote an open letter that read in part:
We strongly support empowering young girls, breaking down
 gender stereotypes and igniting a passion for technology and 
engineering.
As creative as it is, make no mistake, your video is an advertisement
 that is designed to sell a product, and long ago, we made a conscious 
decision not to permit our music and/or name to be used in product ads.
So who wins this argument?
Well, as The Economist pointed
 out, “GoldieBlox filed a lawsuit commonly used in fair-use proceedings 
asking for a declarative judgement against the Beastie Boys, to affirm 
the advertisement’s status as a parody.” Fair use, the article explains,
 is “designed to allow parody, commentary and analysis that advance 
academic, political or social purposes.” However, in order to determine 
whether something qualifies for fair-use protection, a four-part test is administered. That often requires expensive litigation, so before parodying a song, artists usually ask permission.
But does GoldieBlox’s use of “Girls” qualify for fair-use protection? Unfortunately, there’s no clear answer. On his site, Waxy, Andy Baio summed up the situation well:
Different judges rule differently on similar fair use 
cases, and circuit courts commonly reverse fair use rulings from 
district courts on appeal. If even judges can’t agree on fair use, what chance do the rest of us have of understanding it?
In fair use, there’s no silver bullet and exceptions
 are the norm. Some parodies are fair use, others aren’t. Commercial use
 can weigh against a fair use ruling, but there are many notable 
commercial exceptions. Using a substantial amount of the original 
artwork can hurt your case, other times it doesn’t matter. Damaging the 
market value of an original artwork can hurt your claim or, as with 
parodies, it may not matter at all.
In the case of the Beastie Boys vs. GoldieBlox, however, no judgement
 was needed. Respecting the group’s wishes, the toy company eventually pulled the video, which had amassed 8 million views on YouTube.
 GoldieBlox even posted a letter addressed to Adam Horovitz and Mike 
Diamond–the two living members of the Beastie Boys–on its website.
“We don’t want to spend our time fighting legal battles,” it read. 
“We want to inspire the next generation. We want to be good role models.
 And we want to be your friends.”
What do you think? Was it fair use? Let us know!