Yauch’s Will Might Reveal More About Artists Than At First Glance

As I have previously discussed, Adam Yauch wrote a provision in his will that prohibited the use of his music and artistic work in advertising. Following the death of Yauch, surviving members of the Beastie Boys have brought a lawsuit against the makers of Monster Energy drinks. The Beastie Boys claim is based on the assertion that the company improperly used their music in a promotional video. What is interesting is that the facts of this case are not unique.

Many artists have chosen to star in advertisements and promotional videos to bolster their revenue while record sales are in decline. The act of starring in advertisements has become a debate for artists who are divided on the issue. Some artists, such as Levon Helm, the drummer and singer of “The Band,” have criticized the practice arguing that it forces bands to sellout. Helm was upset that an advertiser used one of his songs in a cellphone commercial and sued the company. He called it “‘a complete, damn sellout of The Band.'” Other artists have turned down offers from advertisers that would allow them to use the bands music in advertisements, often turning down great offers. These artists include some of the big names in the industry such as The Doors’ drummer John Densmore. As for Yauch, he once rapped in his song “Putting Shame In Your Game” that, “‘I might stick around or I might be a fad/But I won’t sell my songs for no TV ad.'”

See Jennifer Peltz, Beastie Boys Rapper Will Bars Ad Use of His Work, Yahoo! News, Aug. 10, 2012.

Special thanks to Craig M. Scalise (Author of the blog myestateplanningattorney.com) for bringing this article to my attention.