Is Ad’s Version Of Beastie Boys Song Infringement Or Fair Use?

Though the organization using the Beastie Boys’ song “Girls” has a noble aim – to encourage more young girls to pursue math,science and engineering – the musical group has threatened to sue for copyright infringement, saying they long ago decided not to sell their music for commercial promotion. Goldieblox replaced the lyrics of the song in its commercial to reflect girls engaging STEM subjects to build spaceships and code apps, and the commercial has now been viewed online more than 8 million times. The company has filed for declaratory judgment and injunctive relief on the basis of parody and fair use doctrine. In response, the Beastie Boys released a statement, saying, “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.” The group added: “When we tried to simply ask how and why our song “Girls” had been used in your ad without our permission, YOU sued US.”