Plaintiff GoldieBlox, Inc. (“GoldieBlox” or “Plaintiff”) brings this action for declaratory judgment and injunctive relief against the Defendants Island Def Jam Music Group, a Division of UMG Recordings, Inc.; Brooklyn Dust Music; the Beastie Boys; Sony/ATV Music PublishingGroup LLC; Universal Music Publishing, Inc.; Rick Rubin; and Adam Horovitz (collectively,“Defendants”).
NATURE OF ACTION AND RELIEF SOUGHT
1. This is a civil action for declaratory and injunctive relief to vindicate the rights of toy company GoldieBlox in connection with a parody video set to the tune of the Beastie Boys’ highly sexist song “Girls.” GoldieBlox is a toy company founded upon the principle of breaking down gender stereotypes, by offering engineering and construction toys specifically targeted to girls. In a series of promotional videos, GoldieBlox has presented strong and smart depictions of girls pursuing so-called “nontraditional” activities. The latest video by GoldieBlox depicts three diverse girls rejecting stereotypical play as princesses with tiaras, and instead creating a highly creative and complex Rube Goldberg mechanism throughout multiple rooms and the yard of one of their homes (the “GoldieBlox Girls Parody Video”).
2. In the lyrics of the Beastie Boys’ song entitled Girls, girls are limited (at best) to household chores, and are presented as useful only to the extent they fulfill the wishes of the male subjects. The GoldieBlox Girls Parody Video takes direct aim at the song both visually and with a revised set of lyrics celebrating the many capabilities of girls. Set to the tune of Girls but with a new recording of the music and new lyrics, girls are heard singing an anthem celebrating their broad set of capabilities—exactly the opposite of the message of the original. They are also shown engaging in activities far beyond what the Beastie Boys song would permit. GoldieBlox created its parody video specifically to comment on the Beastie Boys song, and to further the company’s goal to break down gender stereotypes and to encourage young girls to engage inactivities that challenge their intellect, particularly in the fields of science, technology,engineering and math. The GoldieBlox Girls Parody Video has gone viral on the Internet, and has been recognized by the press and the public as a parody and criticism of the original song.
3. In response to this criticism, the Beastie Boys have now threatened GoldieBlox with copyright infringement. Lawyers for the Beastie Boys claim that the GoldieBlox Girls Parody Video is a copyright infringement, is not a fair use, and that GoldieBlox’s unauthorized use of the Beastie Boys intellectual property is a “big problem” that has a “very significant impact.”
4. GoldieBlox therefore brings this declaratory relief action to clarify the rights of the parties, and to refute the baseless assertion of copyright infringement finally and definitively.Plaintiff seeks a declaratory judgment holding that its parody video does not infringe any copyrights held by Defendants and is protected by the Fair Use Doctrine. Plaintiff also seeks an injunction enjoining Defendants from any efforts to enforce any copyright in Girls against the GoldieBlox Girls Parody Video, including through the use of DMCA takedown notices or otherwise.
THE PARTIES
5. Plaintiff GoldieBlox is a Delaware Corporation with its headquarters and principal place of business in Oakland, California.
6. Upon information and belief, Defendant Island Def Jam Music Group (“Def Jam”)is a division of UMG Recordings, Inc., a Delaware Corporation with its corporate headquarters and principal place of business in Santa Monica, California. Upon information and belief,Defendant Island Def Jam Music Group, Inc. is the successor in interest to Def Jam Music, Inc.,which is listed as a copyright claimant in connection with copyright registration number PA0000344518 for the song Girls.
7. Upon information and belief, Defendant Brooklyn Dust Music (“Brooklyn Dust”)is a business name under which the Beastie Boys have done and currently do business, of unknown entity status. Defendant Brooklyn Dust Music is listed as a copyright claimant in connection with copyright registration number PA 0000344518 for the song Girls.
8. Upon information and belief, Defendant Beastie Boys (“Beastie Boys”) is a hiphop band, of unknown entity status. Upon information and belief, Defendant Beastie Boys asserts an ownership interest in a copyright in the song Girls and is listed as the performer in connection with copyright registration number PA 0000344518 for the song Girls.
9. Upon information and belief, Defendant Sony/ATV Music Publishing Group LLC(“Sony Music”) is a Delaware Limited Liability Company. Upon information and belief, SonyMusic is licensed to do business in, has an agent for service of process in, and has an office in LosAngeles, California. Upon information and belief, Sony Music asserts an ownership interest in a copyright for the song Girls.
10. Upon information and belief, Defendant Universal Music Publishing, Inc.(“Universal Music”) is a California Corporation with a principal place of business in SantaMonica, California. Upon information and belief, Universal Music asserts an ownership interest in a copyright for the song Girls.
11. Upon information and belief Defendant Rick Rubin (“Rubin”) is an individual residing in Malibu, California. Upon information and belief, Defendant Rubin is listed as an author in connection with copyright registration number PA 0000344518 for the song Girls.
NATURE OF ACTION AND RELIEF SOUGHT
1. This is a civil action for declaratory and injunctive relief to vindicate the rights of toy company GoldieBlox in connection with a parody video set to the tune of the Beastie Boys’ highly sexist song “Girls.” GoldieBlox is a toy company founded upon the principle of breaking down gender stereotypes, by offering engineering and construction toys specifically targeted to girls. In a series of promotional videos, GoldieBlox has presented strong and smart depictions of girls pursuing so-called “nontraditional” activities. The latest video by GoldieBlox depicts three diverse girls rejecting stereotypical play as princesses with tiaras, and instead creating a highly creative and complex Rube Goldberg mechanism throughout multiple rooms and the yard of one of their homes (the “GoldieBlox Girls Parody Video”).
2. In the lyrics of the Beastie Boys’ song entitled Girls, girls are limited (at best) to household chores, and are presented as useful only to the extent they fulfill the wishes of the male subjects. The GoldieBlox Girls Parody Video takes direct aim at the song both visually and with a revised set of lyrics celebrating the many capabilities of girls. Set to the tune of Girls but with a new recording of the music and new lyrics, girls are heard singing an anthem celebrating their broad set of capabilities—exactly the opposite of the message of the original. They are also shown engaging in activities far beyond what the Beastie Boys song would permit. GoldieBlox created its parody video specifically to comment on the Beastie Boys song, and to further the company’s goal to break down gender stereotypes and to encourage young girls to engage inactivities that challenge their intellect, particularly in the fields of science, technology,engineering and math. The GoldieBlox Girls Parody Video has gone viral on the Internet, and has been recognized by the press and the public as a parody and criticism of the original song.
3. In response to this criticism, the Beastie Boys have now threatened GoldieBlox with copyright infringement. Lawyers for the Beastie Boys claim that the GoldieBlox Girls Parody Video is a copyright infringement, is not a fair use, and that GoldieBlox’s unauthorized use of the Beastie Boys intellectual property is a “big problem” that has a “very significant impact.”
4. GoldieBlox therefore brings this declaratory relief action to clarify the rights of the parties, and to refute the baseless assertion of copyright infringement finally and definitively.Plaintiff seeks a declaratory judgment holding that its parody video does not infringe any copyrights held by Defendants and is protected by the Fair Use Doctrine. Plaintiff also seeks an injunction enjoining Defendants from any efforts to enforce any copyright in Girls against the GoldieBlox Girls Parody Video, including through the use of DMCA takedown notices or otherwise.
THE PARTIES
5. Plaintiff GoldieBlox is a Delaware Corporation with its headquarters and principal place of business in Oakland, California.
6. Upon information and belief, Defendant Island Def Jam Music Group (“Def Jam”)is a division of UMG Recordings, Inc., a Delaware Corporation with its corporate headquarters and principal place of business in Santa Monica, California. Upon information and belief,Defendant Island Def Jam Music Group, Inc. is the successor in interest to Def Jam Music, Inc.,which is listed as a copyright claimant in connection with copyright registration number PA0000344518 for the song Girls.
7. Upon information and belief, Defendant Brooklyn Dust Music (“Brooklyn Dust”)is a business name under which the Beastie Boys have done and currently do business, of unknown entity status. Defendant Brooklyn Dust Music is listed as a copyright claimant in connection with copyright registration number PA 0000344518 for the song Girls.
8. Upon information and belief, Defendant Beastie Boys (“Beastie Boys”) is a hiphop band, of unknown entity status. Upon information and belief, Defendant Beastie Boys asserts an ownership interest in a copyright in the song Girls and is listed as the performer in connection with copyright registration number PA 0000344518 for the song Girls.
9. Upon information and belief, Defendant Sony/ATV Music Publishing Group LLC(“Sony Music”) is a Delaware Limited Liability Company. Upon information and belief, SonyMusic is licensed to do business in, has an agent for service of process in, and has an office in LosAngeles, California. Upon information and belief, Sony Music asserts an ownership interest in a copyright for the song Girls.
10. Upon information and belief, Defendant Universal Music Publishing, Inc.(“Universal Music”) is a California Corporation with a principal place of business in SantaMonica, California. Upon information and belief, Universal Music asserts an ownership interest in a copyright for the song Girls.
11. Upon information and belief Defendant Rick Rubin (“Rubin”) is an individual residing in Malibu, California. Upon information and belief, Defendant Rubin is listed as an author in connection with copyright registration number PA 0000344518 for the song Girls.
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