Kick It Over Here, Baby Pop

So, the Beastie Boys are suing Goldieblox for riffing off the classic ‘Girls’ track in their new promo video/commercial.
The B-Boys have released a statement (via GigaOm):

As creative as it is, make no mistake, your video is an advertisement that is designed to sell a product, and long ago, we made a conscious decision not to permit our music and/or name to be used in product ads… When we tried to simply ask how and why our song “Girls” had been used in your ad without our permission, YOU sued US.
The Beasties are one of my all-time favorite groups, but I’m not sure I agree 100% with them on this.
License To Ill—the album which includes ‘Girls’—also includes tracks the Beasties did a lot of their own sampling on (back before there were laws around sampling and copyright).
Take the track, Rhymin’ and Stealin’:

Which samples the drums from Led Zeppelin’s When the Levee Breaks:

Or how about She’s Crafty:

Which samples again from Led Zeppelin’s The Ocean:

Is Goldieblox’s use of Girls fair use?
As the GigaOm article above notes, this is not a black-and-white case.

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