Fair use of copyrighted works and trademarks should provide
solid footing for innovators engaging in remix culture, but those
who rely on its protections often tread on thin ice that can
collapse under the weight of significant litigation costs and
uncertain, fact-intensive requirements. The recent dispute between
GoldieBlox (a startup toy company with a girl-empowerment agenda)
and the Beastie Boys highlights the benefits and risks of relying
on the fair use doctrine in the commercial context. See
GoldieBlox, Inc. v. Island Def Jam Music Group, No.
13-cv-05428 (N.D. Cal. Filed Nov. 21, 2013). Particularly in the
advertising context, with increased marketing attention to viral
campaigns, decision-makers need to be more aware than ever of the
business and legal aspects of remixing protected intellectual
property. Outside the legal context, however, GoldieBlox's
strategy was a major success—its viral ad won Intuit's
"Small Business Big Game" contest, and the company
