The last will and testament of Beastie Boy Adam “MCA” Yauch, who died May 4 of cancer at age 47, demonstrates that he was serious about not selling his soul for “no TV ads,” as he promised in 1998’s “Putting Shame in Your Game.”
Rolling Stone reports that in his will, Yauch prohibited the use of his music and "artistic property" for advertising purposes after his death. The document, which names Yauch's wife, Dechen, as the executor of his estate and leaves his $6.4 million to Dechen and their daughter, Tenzin Losel, was filed in Manhattan Surrogate Court on Aug. 7.
"Notwithstanding anything to the contrary, in no event may my image or name or any music or any artistic property created by me be used for advertising purposes," the will reportedly reads. Rolling Stone reports that the phrase "or any music or any artistic property created by me" was added in handwriting.
Yauch’s fellow Beasties Michael "Mike D" Diamond and Adam "Ad-Roc" Horovitz, along with the executor of the Yauch estate, are already in court, suing Monster Energy Drink for the alleged unauthorized use of Beastie Boy songs. So, it looks like they’re all of the same mind.
But what if, say, Ad-Roc falls on hard times 50 years from now and wants to sell a song to, let’s say, Skittles? Is this as cut and dry as it looks?
Image, or publicity, and copyright are two different things, says Seattle-based estate lawyer Wendy Goffe.
“Publicity passes to his beneficiary, so they are bound by the terms of his will but the laws in every state are different,” Goffe says. “Somebody might be able to use his publicity rights in a state where the law only applies during our lifetime or expire at death.
“Then there’s the copyright portion. The copyrights are co-owned by [Yauch], his band, his producer and Brooklyn Dust Music. The other owners of the copyright are free to do whatever they want. The will doesn’t bind them, only [Yauch's] heirs.”
So, no, it's not as cut and dry as it looks. Beastie music could be used to sell candy after all.
“I expect it will wind up in court,” says Goffe. “These things so often do.”
Those common cases include the tiff over late Nirvana frontman Kurt Cobain’s music copyright that broke out in 1997 between Cobain’s widow, Courtney Love, and former Nirvana members Krist Novoselic and Dave Grohl. That’s since been settled. Love has also lost the rights to Cobain's image in a separate issue.
The estate of Jimi Hendrix has also been in constant dispute, over a recording of a 1969 concert at Royal Albert Hall. As of May 2011, that was ongoing. And when Hendrix’s father died, he left Hendrix’s brother Leon out of the will, cutting Leon out of Experience Hendrix LLC. The Hendrix estate has also refused to allow the use of the late guitarist’s music for a biopic to star André 3000.
Whether or not Yauch's will ends up court remains to be seen, but it's clear that protecting an artist's image doesn't get any easier after they're gone.
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Adam Yauch and the Beastie Boys changed the world
Adam Yauch’s life in pictures
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