I don't care what you are selling, if you choose to use another artist's song, even if you change the lyrics around....you better be sure you have their permission to use that song first. How stupid do you have to be to just take a song and use it to push your product? The people over at Goldieblocks aren't that smart in their business practices, they're acting pretty shady. Team BB.
Post by ProfessorArtNerd on Nov 25, 2013 17:11:12 GMT -5
Yeah seriously, intellectual property trumps trying to shill toys, no matter how girl-positive the message behind the toys is. PS THERE IS NOTHING WRONG WITH LIKING PINK
But the GB "song" was used solely for financial gain, does that disqualify it being used a fair use.
I don't *think* that makes a difference, especially since they changed the lyrics significantly.
I really want to ask my boss about this (he's an IP atty). I'm team BB, but I think GB may be covered under the law. I DON'T think they have a law suit against BB though. THAT is weird.
naw everything I have read says Team GB. I am not a lawyer but everything suggests its allowed under fair use.
No way. That article you posted has the weakest arguments for fair use ever. The song is transformative because of the company's mission? Nope. They stripped out the drum beat and vocals? So what. BB already made money off of it? They still own it and have the right to sell (or not sell) as they see fit. I bet GB loses.
I still don't understand how/why GB sued BB? They use a BB song and then sue the BB???
Team BB on this. I do like the idea behind GB, especially being in mathematics myself, but team BB right now.
I haven't read the suit but I would guess it's a declaratory judgment action requesting that the court find that they can use the song, which would sorta prevent the bb from going after them. Pretty standard stuff.
Team BB. 1) I generally believe in protecting legit IP. (We can talk about patent trolls and people who claim IP for the tune for Happy Birthday another time). 2) BB work is legit IP. 3) This isn't parody, art, academic or other situation where I feel (and the law mostly supports me) that there should be exceptions. Ergo, GB sucks for using the song in their ad without permission.
I still don't understand how/why GB sued BB? They use a BB song and then sue the BB???
Team BB on this. I do like the idea behind GB, especially being in mathematics myself, but team BB right now.
They just filed suit to get a judge to declare that it was fair use. They're not suing BB for money.
I feel like everything I've ever heard about parody and fair use says that you don't need permission, so I'm team GB. That said, I do think they should have asked because even if you can legally use it without permission, that doesn't mean it's not douchey to do.