This is why we fight for our rights as artists. Go Beastie Boys. They won a copyright infringement case against Monster Beverage for using their music and band persona without permission. Monster Beverage admitted they used the work without permission but claimed after the jury awards that they thought they had permission. Isn’t that the call of all infringers? I did not aim to do it. I thought it was ok.
They are going to appeal the $1.7 million dollar award. Just like Getty when they lost they scream appeal. The problem is the only thing they all seem to do is appeal the money awarded. The amount they stated in one article is that they should pay $ 125,000.00 for their violations. They admitted they broke the law; they admit they should pay them but offer something probably far less than they would have had to pay if they had asked.
That is the question. Why did they not ask? They already knew the answer. It would have been NO. The Beastie Boys have always said they would never allow their music to be used for commercial purposes or advertising. So the company basically just took it and now is screaming about the cost. There should be criminal charges filed. That would set the stage for all others who take work they know they should not and use it when they also know that they would never have been given permission to do so.
One band member, Adam "MCA" Yauch, died in May 2012 after fighting a losing battle with cancer. In his will he made it clear that his music cannot be used for commercial purposes or advertising. What does Monster Beverage do, they use it anyway. It is time for them to pay the bill and get on with it.
The fight for our rights continues all the time. For photographers it is the images and the right to take them even when the police misuse their powers and claim reasonable suspicion. This by the way is not something the police can claim against photographers for taking photographs.
The fight must continue against all who infringe or we have gained nothing. The lawyers love this as they make their money by keeping things going. Infringers should learn from the latest cases that they will pay a lot more if they do not cut deals or just not take things that are not theirs.