Adam Yauch of the Beastie Boys died and left instructions in his will that his music never be used in advertising. Since positive law allows for "intellectual property rights" Yauch's oeuvre can be constrained by law through his will.
But what if we had no IPR, would he still be able to stop the practice? Of course. He simply states the same thing in his will, and then it would be a very uncool thing, to his fans, for anyone to use his work in an ad. The use of the music contrary to Yauch's will would be counter-productive.
Or without the force of law, Yauch might say in his will "anyone who uses my music in an ad must pay $100,000 to save the Noh drama. Or whatever. Let someone use the music and not pay, and see again what they get.
I'll try to think of some examples of where a will was complied with although there is no legal force behind it. I'd be glad to hear of some.
Feel free to forward this by email to three of your friends.
But what if we had no IPR, would he still be able to stop the practice? Of course. He simply states the same thing in his will, and then it would be a very uncool thing, to his fans, for anyone to use his work in an ad. The use of the music contrary to Yauch's will would be counter-productive.
Or without the force of law, Yauch might say in his will "anyone who uses my music in an ad must pay $100,000 to save the Noh drama. Or whatever. Let someone use the music and not pay, and see again what they get.
I'll try to think of some examples of where a will was complied with although there is no legal force behind it. I'd be glad to hear of some.
Feel free to forward this by email to three of your friends.
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