Hasta La Creative!

Four months after it began, the legal battle between GoldieBlox and the Beastie Boys appears to be winding down, as the band has agreed to drop its lawsuit against the toy maker over the unauthorized use of the song "Girls" in a commercial—in exchange for an apology and a donation to charity.

The apology, posted on the GoldieBlox website, reads:

We sincerely apologize for any negative impact our actions may have had on the Beastie Boys. We never intended to cast the band in a negative light and we regret putting them in a position to defend themselves when they had done nothing wrong.

As engineers and builders of intellectual property, we understand an artist's desire to have his or her work treated with respect. We should have reached out to the band before using their music in the video.

We know this is only one of the many mistakes we're bound to make as we grow our business. The great thing about mistakes is how much you can learn from them. As trying as this experience was, we have learned a valuable lesson. From now on, we will secure the proper rights and permissions in advance of any promotions, and we advise any other young company to do the same.

So, the company is claiming its actions were simply based on inexperience—which seems like a stretch considering how quickly GoldieBlox got the lawyers involved originally, but at least the apology is out there. The undisclosed revenue donation will go to a charity selected by the Beastie Boys that supports science, technology, engineering and mathematics education for girls—which the GoldieBlox products also promote.

The fight began after GoldieBlox featured a reworked version of the song in an empowering girl-power ad that went viral online in November. GoldieBlox preemptively filed a lawsuit hoping that the song would be ruled a fair-use parody. The Beastie Boys then countersued.

A little bit lost in all the legal wrangling, though in some ways the point of the whole mess, is one simple truth: music really can make or break an ad. The GoldieBlox commercial, "Princess Machine," soared with the "Girls" soundtrack, but became a shadow of itself with a different song.

Even lawyers not named Scott Hoy tend to have trouble coming up with good advertising. Here's an exception—a clever new campaign from Rockville, Md., law firm Esteban Gergely from Grey's Hispanic agency, Wing. The three spots advertise the firm's divorce services through a pretty awesome use of YouTube. Just make sure you let the videos run.

Credits below. (And thanks to @irenyofirene for the headline help.)

Note: Don't be fooled by the message that the videos have been removed. Keep watching.

CREDITS
Agency: Wing
Chief Creative Officer: Favio Ucedo
Senior Copywriter: Facundo Paglia
Copywriter: Marc Duran
Senior Copywriter: Facundo Paglia,
Copywriter: Marc Duran
Brian Novoa, Art Director
Producer Keyla Hernandez
Editor: Alejandro Ussa
Director of Business Development: Daniel Gergely
AAE of Business Development: Andrés Tello

The fair-use fight between Beastie Boys and GoldieBlox isn't over.

After sparring several weeks ago over the unauthorized use of the Beasties song "Girls" in a GoldieBlox commercial that went viral, the toy company deleted the video and uploaded a new version with a different track (see below). But that did not satisfy the band, which has now countersued, demanding that GoldieBlox hand over profits it earned from using the song without permission, reports Gigaom. The Beasties also seek damages, lawyers' fees and an injunction preventing GoldieBlox from using the song in the future.

The suit claims GoldieBlox is liable for copyright and trademark infringement and sets the stage for a judge to decide whether or not the company's parody of "Girls," with different lyrics, constituted fair use—as GoldieBlox contended in its earlier, preemptive suit against the band. Also interesting: The band says it first heard about the GoldieBlox ad when an ad agency that was submitting the spot to Intuit's "Small Business Big Game" Super Bowl contest (in which GoldieBlox is a finalist) inquired with Universal Music Publishing Group about whether GoldieBlox had secured the rights. (They would have heard about it eventually, of course.)

So, it seems likely that we'll get a decision on the fair use question after all.

UPDATE 2: The Beastie Boys released this statement Monday:

    Like many of the millions of people who have seen your toy commercial "GoldieBlox, Rube Goldberg & the Beastie Boys," we were very impressed by the creativity and the message behind your ad.
    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.
    When we tried to simply ask how and why our song "Girls" had been used in your ad without our permission, YOU sued US.

UPDATE: A rep for the Beastie Boys tells the Huffington Post that the band has not made any claim against GoldieBlox, saying: "There was no complaint filed, no demand letter (no demand, for that matter) when [GoldieBlox] sued Beastie Boys."

Original item below:
The feel-good ad of the month has taken a feel-bad turn. The Beastie Boys apparently have a problem with GoldieBlox's version of their song "Girls" in the overnight smash-hit "Princess Machine" commercial, which recast the track with new lyrics as an empowerment anthem for little girls. According to The Hollywood Reporter, the band has allegedly threatened legal action, claiming copyright infringement, and the toy company has preemptively filed its own lawsuit asking that its version of the song be considered fair use—a common defense in cases involving parody material. The sticking point for GoldieBlox may be that "Princess Machine" is expressly designed to sell toys, and thus is a commercial endeavor at least as much as it is a sociological statement, but it will be up to a court to decide. The Beastie Boys, meanwhile, risk looking like they're censoring a worthwhile message that has enthralled millions—though of course it's hard to protect your intellectual property if you're willing to look the other way now and then based on ideology or pressure from the public. You can read GoldieBlox's full complaint here.