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(Pitchfork)   Now, here's a little story I got tell, about a trademark infringement suit that didn't go so well   (pitchfork.com) divider line 108
    More: Followup, trademark infringement  
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15187 clicks; posted to Main » on 18 Mar 2014 at 2:13 PM (26 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-03-18 01:05:58 PM
Subby: Now, here's a little story I got tell, about a trademark infringement suit that didn't go so well

Article:  After toy company GoldieBlox used the Beastie Boys' song "Girls" in an ad, the Beasties sued due to copyright infringement... The company initially made the argument that their commercial parody of the "highly sexist" song was covered under the Fair Use Doctrine. The band disagreed, arguing that it was copyright infringement.

It's not like it would've screwed up your already broken meter further to use the correct term, Subby.
 
2014-03-18 01:13:30 PM
I don't get it. "Girls" wasn't sexist.
 
2014-03-18 02:15:36 PM
I thought that song was about squirrels.
 
2014-03-18 02:17:22 PM
Is that the song where they say a line, with the emphasis on the last word in the line?
 
2014-03-18 02:19:02 PM
You gotta fight!
for your right!
to ex parte!

/got nothin
 
2014-03-18 02:19:45 PM

Because People in power are Stupid: I don't get it. "Girls" wasn't sexist.


N.W.A-"Fat Girl"?
 
2014-03-18 02:19:46 PM
Where does subby get "didn't go so well"?
The parties settled, terms unknown.  Was subby a fly on the wall?  If so, squash him with the appropriate moderator.
 
2014-03-18 02:19:51 PM
Used to be one of my sons favorite songs . "Girls to do the laundry", etc.
 
2014-03-18 02:21:57 PM
what do the beastie boys have to be so uppity about?
 
2014-03-18 02:22:14 PM
GoldieBlox re-wrote the lyrics. It was a parody of the original, and therefore protected.

There should have been no suit, regardless whether Youch stipulated ad use in his will.
 
2014-03-18 02:23:50 PM
Is this a story that ends with them moving in with their auntie and uncle?
 
2014-03-18 02:24:37 PM
Cinsidering that Yauch expressly forbid usage of their music in his will, I'm glad this lawsuit settled away.

In related news...  I cannot believe how quickly artists are selling out their music for ads nowadays.  It used to be that a song in an ad had been around for a generation or so before ads started using it.  Now we see ads using songs, unaltered even, that are still on the mainstream charts!
 
2014-03-18 02:25:32 PM
I thought fair use did NOT include advertisments. Even if they changed the lyrics, parody isn't allowed. If it was, I doubt it would have been settled.
 
2014-03-18 02:30:46 PM

durbnpoisn: Cinsidering that Yauch expressly forbid usage of their music in his will, I'm glad this lawsuit settled away.

In related news...  I cannot believe how quickly artists music labels are selling out their music for ads nowadays.  It used to be that a song in an ad had been around for a generation or so before ads started using it.  Now we see ads using songs, unaltered even, that are still on the mainstream charts!


FTFY.

I guarantee you the artists aren't seeing a dime.
 
2014-03-18 02:31:49 PM
As it was pointed out it was settled which means money probably exchanged hands and they dropped the suit. Besides looking it up for this controversy I've never seen the ad play on TV. Maybe they pulled it because of the suit. Pretty dumb to think they could just use someone's music without permission like that  even if it was a parody.
 
2014-03-18 02:32:51 PM

durbnpoisn: Cinsidering that Yauch expressly forbid usage of their music in his will, I'm glad this lawsuit settled away.

In related news...  I cannot believe how quickly artists are selling out their music for ads nowadays.  It used to be that a song in an ad had been around for a generation or so before ads started using it.  Now we see ads using songs, unaltered even, that are still on the mainstream charts!


Sometimes, back in them days, Ads sold out the songs:  http://www.youtube.com/watch?v=eP1dYj2hGss
 
2014-03-18 02:33:04 PM

durbnpoisn: Cinsidering that Yauch expressly forbid usage of their music in his will, I'm glad this lawsuit settled away.

In related news...  I cannot believe how quickly artists are selling out their music for ads nowadays.  It used to be that a song in an ad had been around for a generation or so before ads started using it.  Now we see ads using songs, unaltered even, that are still on the mainstream charts!


A lot of them sell them up front for extra money and it gets the song out in front of a wider audience.
 
2014-03-18 02:33:49 PM

viscountalpha: I thought fair use did NOT include advertisments. Even if they changed the lyrics, parody isn't allowed.


Not so... From 17 USC 107:
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include-
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.


It's one factor, but it's not dispositive, particularly if the other three factors tilt the other way.

Mein Fuhrer I Can Walk: GoldieBlox re-wrote the lyrics. It was a parody of the original, and therefore protected.


The mere fact that the lyrics were rewritten doesn't make something a parody. For example, many satirical works use rewritten lyrics, but aren't protected.

In this case, I'd tend to lean towards unprotected satire. Specifically, they weren't making fun of the Beastie Boys or the song Girls, but were rather making a satirical point about  other toys for girls that are pink and useless:
Girls, you think you know what we want
Girls, pink and pretty's it's girls
Just like the fifties it's girls

You like to buy us pink toys
And everything else is for boys
And you can always get us dolls
And we'll grow up like them, false
etc.
 
2014-03-18 02:36:39 PM

Carousel Beast: durbnpoisn: Cinsidering that Yauch expressly forbid usage of their music in his will, I'm glad this lawsuit settled away.

In related news...  I cannot believe how quickly artists music labels are selling out their music for ads nowadays.  It used to be that a song in an ad had been around for a generation or so before ads started using it.  Now we see ads using songs, unaltered even, that are still on the mainstream charts!

FTFY.

I guarantee you the artists aren't seeing a dime.


Depends on who owns the song.
 
2014-03-18 02:43:24 PM
You know, all of this could have been avoided if   GoldieBlox did was every small business in the Twin Cities does when they want asuccessful ad campaign, hire Fancy Ray.

blog.rooftopcomedy.com
 
2014-03-18 02:43:51 PM

Mein Fuhrer I Can Walk: GoldieBlox re-wrote the lyrics. It was a parody of the original, and therefore protected.

There should have been no suit, regardless whether Youch stipulated ad use in his will.


Are you subby or something?
 
2014-03-18 02:44:47 PM

MightyPez: You know, all of this could have been avoided if GoldieBlox did was whatevery small business in the Twin Cities does when they want a successful ad campaign, hire Fancy Ray.


Ugh, time to stop interneting.
 
2014-03-18 02:45:56 PM

lindalouwho: Carousel Beast: durbnpoisn: Cinsidering that Yauch expressly forbid usage of their music in his will, I'm glad this lawsuit settled away.

In related news...  I cannot believe how quickly artists music labels are selling out their music for ads nowadays.  It used to be that a song in an ad had been around for a generation or so before ads started using it.  Now we see ads using songs, unaltered even, that are still on the mainstream charts!

FTFY.

I guarantee you the artists aren't seeing a dime.

Depends on who owns the song.


The two that jump out right away are "Brave" being used for the new Microsoft ads, and "Happy" being used for more than a couple of things.
Happy, I can almost see because it's tied to the marketing campaign for a movie.  But "Brave"...  I don't see how a song about a woman wanting her friend to be brave and come out of the closet, has anything to do with Microsoft.

I wonder who is making all that money?
 
2014-03-18 02:47:10 PM

Mein Fuhrer I Can Walk: GoldieBlox re-wrote the lyrics. It was a parody of the original, and therefore protected.


But it wasn't parody. Parody is to make fun of something for the sake of making fun of it. GoldieBlox took the song and used it to sell a product.
 
2014-03-18 02:47:20 PM
I argue that it wasn't parody simply because the original was satire. The point GoldieBlox was trying to make was already made...with the original.
 
2014-03-18 02:47:37 PM

durbnpoisn: But "Brave"...  I don't see how a song about a woman wanting her friend to be brave and come out of the closet, has anything to do with Microsoft.


Windows 8 is for deviant lifestyles?
 
2014-03-18 02:51:13 PM

LemSkroob: Mein Fuhrer I Can Walk: GoldieBlox re-wrote the lyrics. It was a parody of the original, and therefore protected.

But it wasn't parody. Parody is to make fun of something for the sake of making fun of it. GoldieBlox took the song and used it to sell a product.


For Fair Use, the distinction lies in whether you're making fun of the infringed work, or targeting something else. For example, when Weird Al did "I'm Fat", he was making fun of obesity, not Michael Jackson, so it technically was satire, not parody, and not protected. However, when he did "I Perform This Way" and "Smells like Nirvana", he was making fun of Lady Gaga and Nirvana, respectively, so they were parodies, and would be protected.

This is why he always gets permission before he copies a song, incidentally.
 
2014-03-18 02:51:20 PM
1. Trademark =/= Copyright.
2. So a civil suit ended in settlement.  The vast majority of them do.  How is this even a story?
 
2014-03-18 02:53:13 PM
The Beastie Boys = The Adam Sandler of music
 
2014-03-18 02:54:58 PM

mjones73: durbnpoisn: Cinsidering that Yauch expressly forbid usage of their music in his will, I'm glad this lawsuit settled away.

In related news...  I cannot believe how quickly artists are selling out their music for ads nowadays.  It used to be that a song in an ad had been around for a generation or so before ads started using it.  Now we see ads using songs, unaltered even, that are still on the mainstream charts!

A lot of them sell them up front for extra money and it gets the song out in front of a wider audience.


Case in point - I heard LMFAO's "Party Rock" in that Kia Soul commercial before I knew it was a very popular song.

Similarly, I saw Carly Rae Jepsen's "Call Me Maybe" used as a meme (the Labyrinth one with David Bowie) before I knew it was popular as well.

/10 min commute to work
//mainly listen to NPR
///Pandora stations are seeded with Toad the Wet Sprocket, The Roots, and Sirenia
 
2014-03-18 02:56:50 PM
About time someone sued for plagiarism.
www.treblezine.com
 
2014-03-18 02:58:38 PM

Theaetetus: Subby: Now, here's a little story I got tell, about a trademark infringement suit that didn't go so well

Article:  After toy company GoldieBlox used the Beastie Boys' song "Girls" in an ad, the Beasties sued due to copyright infringement... The company initially made the argument that their commercial parody of the "highly sexist" song was covered under the Fair Use Doctrine. The band disagreed, arguing that it was copyright infringement.

It's not like it would've screwed up your already broken meter further to use the correct term, Subby.


Correctamundo on the copyright piece. Oops. The broken meter was in reference to the parody, which I can only imagine was craptastic.
 
2014-03-18 03:00:02 PM
RIP MCA
 
2014-03-18 03:00:40 PM

Mein Fuhrer I Can Walk: GoldieBlox re-wrote the lyrics. It was a parody of the original, and therefore protected.

There should have been no suit, regardless whether Youch stipulated ad use in his will.


Probably not for advertisements.
 
2014-03-18 03:01:02 PM
There's already building blocks for girls called Legos.

It's funny what a racket this shiat has become.
 
2014-03-18 03:03:46 PM

Carousel Beast: I guarantee you the artists aren't seeing a dime.


People don't realize just how screwed the recording artists really are... I did a paper on it for my Media Concepts class in college and found out just how bad they get screwed. Hell, they can't even successfully keep a politician from using their music, because the campaigns buy it as a "bundle" and can use any song they want. The studios are greedy farkers.
 
2014-03-18 03:13:00 PM
Here's an article which summarizes an article (and links to it as well as a court decision) about parody usage in advertising.

https://www.techdirt.com/articles/20131126/10224325381/myth-busting- ye s-advertisement-can-be-fair-use-parody.shtml

TL;DR version...

"More than any other, I've seen this myth repeated  everywhere. Can a company parody a famous artist's work and use it, against their will, to advertise an unrelated product? Actually, yes, as long as the use is transformative enough."
 
2014-03-18 03:13:51 PM

HotWingConspiracy: There's already building blocks for girls called Legos.



Unless they're making pink Legos now, Legos are for boys. Put some brownie mix in the EZ Bake Oven, and bring me a glass of milk.
 
2014-03-18 03:14:35 PM

cwheelie: The Beastie Boys = The Adam Sandler of music


4.bp.blogspot.com
 
2014-03-18 03:17:17 PM
There's a few that I've been wondering about.  The commercial for MSNBC which has all the feet being put forward, and the other is the song in the new BMW commercial where the newer car goes backwards really fast and doesn't get hit by the 40 year old 2002.
/and that Prius one from a couple years ago.
 
2014-03-18 03:24:04 PM
I used to like them, but this made them sound like a bunch of cocks in my mind.
 
2014-03-18 03:26:51 PM

cwheelie: The Beastie Boys = The Adam Sandler of music


I really don't like The Beastie Boys, but that has to be one of the dumbest statements I've seen all week.  I'm actually trying to think of a worse comparison and coming up blank.  Mitch McConnell = William Wallace, maybe?
 
2014-03-18 03:30:03 PM

Lars The Canadian Viking: I used to like them, but this made them sound like a bunch of cocks in my mind.


What does a bunch of cocks in your mind sound like? I've never seen that kind of porn.
 
2014-03-18 03:30:14 PM

durbnpoisn: The two that jump out right away are "Brave" being used for the new Microsoft ads, and "Happy" being used for more than a couple of things.


Boy howdy, here's one that's a head scratcher:

Fiat, using Pharrell's "Happy" to to sell cars, while P Diddy (or whatever he's calling himself this week) is onscreen.

Who's getting paid, and for what?

And I work for the US Copyright Office!
 
2014-03-18 03:36:34 PM
Stop saying "Legos", or I shall bring suit for Jimmy-Rustling.
 
2014-03-18 03:39:34 PM

Deucednuisance: durbnpoisn: The two that jump out right away are "Brave" being used for the new Microsoft ads, and "Happy" being used for more than a couple of things.

Boy howdy, here's one that's a head scratcher:

Fiat, using Pharrell's "Happy" to to sell cars, while P Diddy (or whatever he's calling himself this week) is onscreen.

Who's getting paid, and for what?

And I work for the US Copyright Office!


I don't see any evidence that PDiddy has anything to do with that song.
I was a little surprised to learn that the movie it's attached to is Dispicible Me II, rather than Frozen, like my wife keeps saying.
I'll have to correct her on that one later.
 
2014-03-18 03:39:44 PM

cwheelie: The Beastie Boys = The Adam Sandler of music


I was unaware Adam Sandler created ground-breaking standup that forever changed the comedy industry like the Beastie's second album did for the recording industry. Thanks for clearing up how important Adam Sandler is..


i.imgur.com
 
2014-03-18 03:43:23 PM

HotWingConspiracy: There's already building blocks for girls called Legos.

It's funny what a racket this shiat has become.


I should totally make a building blocks for Christians. Then the follow up, building blocks for Christian girls.
 
2014-03-18 03:44:42 PM

durbnpoisn: I don't see any evidence that PDiddy has anything to do with that song.


My point, exactly.  What the heck is he doing in the ad, at all?
 
2014-03-18 03:54:00 PM

Sin_City_Superhero: HotWingConspiracy: There's already building blocks for girls called Legos.



Unless they're making pink Legos now, Legos are for boys. Put some brownie mix in the EZ Bake Oven, and bring me a glass of milk.


I don't think the main argument should be about the color of the blocks, so much as the fun sets containing primarily male figures (unless Lego silently stopped giving the girl figures make up and skirts).

The girl makes a point (sorry about linkage as mobile site sucks): http://www.independent.co.uk/life-styl e/health-and-families/lego-told- off-by-7yearold-girl-for-promoting-gen der-stereotypes-9104571.html
 
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