I definitely think that this version is a parody. Perhaps they should've titled the page "Beastly Boys" but ... This version is a piece that seems to stand on its own.
Your attempt at bringing a car into this is flawed, fatally. Nobody has taken anything. The song was a template for further creativity, a result that happens to "reverse" the message of the role for girls as well. At best, someone saw your car in the driveway and said "I'm gonna get a car like that but with a totally different color and then I'm gonna sell ice-cream out of it".
I should think that the Beasties don't want to go all the way with this one - and the RIAA definitely doesn't.
The Beasties should settle, and not take one red cent. If they demanded "some profits" they would be the ultimate sell-out and they would've defeated the entire premise and they would become just another sell-out in the crowd. They should let the girls have their parody and both parties should agree to stop there. But that's just me and I don't really care and were it that I would I would download them both without prejudice and were it that I could I would download your car, if it was cool enough.
And I have no doubts that this website has had its legal chain rattled already so I don't think it's like that either. Maybe if someone created Cleantech.com and espoused the moral requirements of content filtering dressed with the look & feel of this web site.. but didn't allow comments then you might be close.
The Goldieblox people did not take and use a Beastie song, they used a Beastie song to create a new song. The Mona Lisa has been photo-shopped and is now a boy smoking a cigar in a tiki bar with palm trees in the background. Both works stand on their own.
Your point brings transformation to mind. Is this Goldieblox song clearly transformative?
Beastie Boys output is transformative, in both lyrics and music, and I make no bones about their use of sampling and influence from prior art but it is clear that their art stands on its own. Can this "version" of Girls do the same?
I think I understand most arguments in this thread, for or against, so I'll be interested in the results.. Actually, I'd be much happier if they just all put their guns down and respect each others position and then let me download the song so I can hear what all the fuss is about.
Again, I haven't heard the song but wouldn't the music be more of a factor here than the words? You could change the words nine ways from Tuesday but if the riff is the same* then the hook for the advertising is "Beastie Boys music". Which, to me, would intuitively be "Advertising with the Beastie Boys".
(I'll assume they didn't just lay new words over the entire original track as I'm suggesting here)
I have not heard this parody version of Girls so I feel at a disadvantage but if I could listen to it and "heard" The Beastie Boys : Girls, riffs and all and the point of its existence is trying to sell some product then I can not see how that would be fair to use in advertizing, no matter how moshed it was.
Admittedly I'm leaning more towards the "fuck no you can't use it to sell shit!" side if only for the fact that that was one of the attractions to this band's music "way back when".
I understand that's pretty far from any sort of legal anything but... fuck Goldieblox - if they knew anything about the beasties they should've known that. So.. fuck all, I hope the beasties win even if fair use takes a hit (like it isn't already a walking corpse anyway).
And if that doesn't work there's always the multinational/global corporate takeover of the earth angle (even though that's most of what this agreement is for isn't it?). I mean they're almost there as it is and isn't that what all these police are for anyway?
And seemingly the only mother fuckers that "deserve" privacy is the state now? The "state" can have secrets backed by laws and guns and we. don't. get. shit.? Damn it. Damn that to the fiery depths of the deepest hell.
Maybe it is a really important experiment? One perhaps where they were about to place it into a capsule to be jettisoned into_the_black to insure that all civilizations henceforth and forevermore will be free of it? Maybe?