With over eight million clicks, a popular Internet video encourages girls to lose the dolls and start building. The toy company said their goal is to inspire a new generation of female engineers with their toys.
But their use of a hit 80's song has the original artists claiming sabotage.
Goldie-Blox said that its video is a parody of the Beastie Boys' song "Girls." So, they filed a pre-emptive lawsuit against the band to avoid copyright infringement. The company claims that the original song was "highly sexist" and the parody "takes direct aim at the song both visually, and with a revised set of lyrics celebrating the many capabilities of girls."
Music industry attorney Doug Mark says the company is claiming that, as a parody, their song is protected as a fair use of the copyright law. The suit also says their use of the song will not adversely impact the sales or licensing value of the Beastie Boys song "Girls."
The Beastie Boys responded with an open letter to the company saying that they are "impressed with the creativity and the message," but 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."
Author Alan Light said the death of founding band member Adam Yauch last year further complicates the matter.
"The one thing the Beastie Boys have always been clear about, is a refusal to use their music to promote products or be used in advertising," he said. "It is even written into Adam Yauch's will that their music not be used for those kinds of commercial purposes."
Now, it will be up to the court to decide on this case of boys vs. girls.
"Maybe if nothing was said about it at all, it could have become an Internet viral hit," Marks said. "But since the company made a federal case out of it - literally and figuratively, the Beastie Boys may have to reach out and protect their copyright and ask for money damages and appear to be an aggressor that they otherwise wouldn't have been."
To watch Jamie Wax's full report, click on the video player above.