Well, I think it’s pretty clear.
My good friend, Nate Harrison, penned some good arguments a couple of weeks ago, here and here, as to why GoldieBlox’s use of the Beastie Boys’ “Girls” song is fair use. Nate focuses on the parody argument, arguing that the Campbell case established this as fair use.
That’s true, Campbell did establish that, but it left two key questions open. One, they remanded the case back to the trial court in order for the trial court to… [read post