Jezebel had a story up earlier today about Goldieblox preemptively suing the Beastie Boys for fair use of the song "Girls."

Goldieblox claims that because their song is a parody, they can use "Girls" without reprisals.

I don't know anything about copyright law or fair use laws, but couldn't all of this have been avoided if they'd just asked to use the song? Did they ask and were told no but went ahead anyway?

Why choose this one in particular? The Beastie Boys apologized for the song and they went on to speak out against misogyny in the entertainment industry. They themselves already criticized the song and had let it basically die.

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Also, Adam Yauch, the member who died of cancer last year, asked that none of his music be used for advertising.

Preemptively suing just feels wrong. Like they knew they did something sorta crappy by not asking, were called on it and now they're digging in their heels to prove that they could use it without permission. It seems odd that the Goldieblox didn't at least contact The Beastie Boys to get permission to use the song. Even Weird Al Yankovic asks the artists to use their songs before he does a parody.

Goldieblox are probably right that they can use the song as a parody, but what harm would it have done to ask first?