GoldieBlox withdrew their preemptive Fair Use lawsuit against the Beastie Boys. That was a smart move, since the odds were not looking good for the Silicon Valley toy company: They had used the band’s name as well as their music without permission, and had in an earlier video, used Queen’s “We are the Champions” and the Toys “R” Us name without permission. The “Girls” ad went megaviral, but GoldieBlox had never asked for permission to use the song, even in parody form, figuring they could just call it a “parody” and get away with it Because GoldieBlox is all cool and new hip and copyright is for old people and The Man who is keeping us down. Neener.
What they didn’t realize, but a simple Google search would have shown, is that they had gone against the dying wishes of Beastie Boys member Adam Yauch who had hand-written a clause in his will that none of his music, likeness, or art be used in ads. GoldieBlox looked like self-entitled, selfish brats, so they pulled the music and wrote an apology, in which GoldieBlox founder Debbie Sterling said
We don’t want to fight with you. We love you and we are actually huge fans.
quite a different tune from their preemptive lawsuit which called the song
They company claims it didn’t realize that Yauch had made a pre-death legal standing regarding his music, and that the surviving Beastie Boys supported and endorsed Yauch’s wishes. Of course that doesn’t absolve GoldieBlox from their conscious and willful appropriation of the band’s music; and that then when approached by the band’s attorneys with a query letter, they went on the offensive, smacking back with the lawsuit claiming Fair Use.
The video now has a new music, and the Beastie Boys name has been taken off the video. But the bad taste over how this company behaved still lingers.