OFF BEAT: Beastie Boys fight for right to stay clear of advertising
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They once urged their fans to fight for the right to party, but the surviving Beastie Boys now are fighting to uphold the wishes of their deceased bandmate, vocalist Adam Yauch, that their work never be used in advertising.
That fight took a twist this week when a New York judge threw out a counterclaim in a long-running dispute between the Beastie Boys and Corona, Calif.-based energy drinks manufacturer Monster Energy Co.
The Beastie Boys have been engaged in a dispute with Monster over what they allege was unauthorized use of a medley of their tracks in a promotional video for a snowboarding event.
Adam Yauch, known also as MCA, who died last year, had expressed in his will that: “In no event may my image or name or any artistic property created by me be used for advertising purposes.”
Monster filed a counterclaim against a disc jockey known as Z-Trip, who used Beastie Boys tracks in a medley to accompany the video.
While DJ Z-Trip had permission to use the music, Monster, the Beasties allege, did not. So Monster, in turn, filed the counterclaim against Z-Trip claiming breach of contract and fraud. The drinks company said the DJ was at fault for the mix-up and, furthermore, that he had told a Monster employee that the company could use the remix without restriction.
U.S. District Court Judge Paul Engelmayer, however, threw out that counterclaim Monday.
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