This cautionary tale begins with an
unusual story posted in Forbes Magazine, about a TV commercial and a legendary rock star’s final wishes.
A recent TV commercial created by the company GoldieBlox contained a song by the Beastie Boys to which different (parody) lyrics had been added. Soon after the commercial aired, GoldieBlox was sued to remove the song, not because it was necessarily in violation of a copyright, but for another reason. When Beastie Boys singer Adam Yauch passed away recently, he included in his will a handwritten request that he did not want his image or his music to appear in advertising.
There are many, many points of law involved here, any one of which could keep these parties in court for quite a long time. For example, the request in Yauch’s will was handwritten. This is definitely not recommended, because of potential conflicts that can arise and ultimately, could invalidate his wishes. Questions surrounding copyright terms, fair use and parody rights, and music ownership may also come under the legal microscope in this situation.
The most significant point I hope my readers will take away from this story is this: when you are ready to put together your will and other estate planning documents, please do so with a qualified and experienced estate-planning attorney. I can take all the necessary and proper steps to help your peace of mind: now and in the future. There need not, and should not, be any confusion or doubt about the estate plan you want to create. If you have any questions, concerns, or want to discuss any estate-related issues, please contact me at 818.956.9200.
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