Goldie box is a toy company with a flagship product with the same name. What makes Goldie box (the product) unique is that it is a construction set targeted towards young girls. It seeks to provide a healthier alternative to the usual princess & doll subculture that many little girls are subject to. Recently, both the company and the product received a lot of traction for uploading a video online. The video features little girls playing with a Rube Golberg like contraption. The audio accompaniment to the video is the popular Beastie Boys song Girls. The lyrics of the song have been drastically changed to convey the message that not all girls want to grow up wanting to be princesses.
Beastie Boys have threatened Goldie box with a lawsuit, and Goldie box have pre-emptively struck by asking a California federal court for a declaratory judgement that their use of the song falls under the banner of fair use.
When considering whether something falls under fair use, the US court consider a number of different factors. The main factors taken into consideration are: the nature of the copyrighted work; the purpose and character of the use; and whether the portion of the use was substantial.
The main issue when it comes to this dispute is the first factor will undoubtedly the purpose of the use. Goldie box’s use of the song clearly has some commercial element, however it seeks to rely on the fact that it conveys a deeper message overall. A message of inspiring little girls & raising their confidence to do more than simply idolizing princesses.
It will be interesting to see how this case will play out in court.
http://www.contactmusic.com/article/goldieblox-advert-beastie-boys-girls-toys-video-sexist_3964678
