The Goldieblox Video: Copyright Infringement or Fair Use?

Journal of Critical Incidents, The Society For Case Research, Vol. 8, No. 1, Fall 2015

Pace University Legal Studies Research Paper No. 2016/11

22 Pages Posted: 13 Jul 2016

Date Written: 2015

Abstract

GoldieBlox posted a video to its website that depicted young girls creating an elaborate and entertaining Rube Goldberg device. The only audio in the video a performance of the Beastie Boys song “Girls” with the original misogynistic lyrics changed to be empowering to girls and women. The musicians believed that the use without their permission of the music was an infringement of their intellectual property rights. GoldieBlox argued that the use was permissible as a fair use, specifically that the song GoldieBlox created was a parody of the original song. Because fair use is a defense to a copyright infringement claim and is only asserted once a copyright owner has proven that claim, there was inherent uncertainty in whether GoldieBlox’s use would be protected. Accordingly, GoldieBlox had to evaluate its legal risk and decide whether to continue to assert its rights to the song in the video.

Keywords: Law, Copyright, Social Media, Music Licensing, Derivative Works

Suggested Citation

Magaldi, Jessica, The Goldieblox Video: Copyright Infringement or Fair Use? (2015). Journal of Critical Incidents, The Society For Case Research, Vol. 8, No. 1, Fall 2015; Pace University Legal Studies Research Paper No. 2016/11. Available at SSRN: https://ssrn.com/abstract=2808537

Jessica Magaldi (Contact Author)

Pace University ( email )

One Pace Plaza
New York, NY New York 10038
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
57
Abstract Views
479
rank
365,865
PlumX Metrics