Posted on 07/27/2004 2:50:28 PM PDT by swilhelm73
NEW YORK (CNN/Money) - With something as fun as a cartoon Bush and Kerry hurling musical epithets at one another, you knew lawyers would have to get involved.
And, unfortunately for JibJab.com, they have.
You know the Jibjab thing I'm talking about, right? The flash animation movie swirling around the Internet with President George Bush and Senator John Kerry singing to the tune of Woody Guthrie's "This Land Is Your Land."
Bush: "You're a liberal sissy!"
Kerry: "You're a right wing nut job!"
Both: "This land will surely vote for me!"
The bit is hilarious. Unless you are The Richmond Organization, a music publisher that owns the copyright to Guthrie's tune through its Ludlow Music unit.
(Excerpt) Read more at money.cnn.com ...
The marching refrain with with Rummy, Bush and Cheney is side splitting..
I thought satire got exempted from all that.
Wouldn't the Pinko Guthrie want his music to be "for the good of all"?
Exactly, parodies are protected against copyright.
(Chattanooga Choo Choo)
Someone just used that joke at a meeting I went to.
This was used for "satirical purposes," which, last time I checked, was covered under fair use (but I'm no Copyright Atty.).
From Stanford Copyright Site
2. Parody
A parody is a work that ridicules another, usually well-known work, by imitating it in a comic way. Judges understand that by its nature, parody demands some taking from the original work being parodied. Unlike other forms of fair use, a fairly extensive use of the original work is permitted in a parody in order to "conjure up" the original.
Yes, however they would still need to pay royalties to the copyright holders for use of the song in a the satire / parody.
The same way weird al has to when he spoofs michael jackson or any other artist. Or when paul shanklin has to when he does 'in a yugo'.
This is great, it just means more publicity for them.
Agreed. The whole thing is as funny as can be. Lord only knows we can all use a laugh during this time.
It's one of my old reliable "eye-rollers".
:o)
Oh good grief you people (The Richmond Organization), get a grip!
Exactly. They aren't being sued for infringement, but for fees. Believe me, the musical licensing folks are ruthless.
Which one recently tried to sue the Girl Scouts for singing songs around the campfire, until public opinion dissuaded them?
I'd threaten to never purchase any of their material again but I doubt anyone's bought Woody Guthrie since 1971. Empty bluff.
Send JibJab to all your leftist enemies. It will drive them crazy it is so funny. Your friends will laugh so hard they may pee in their pants. Highly recommended for lots of laughter.
Yes, you are right about ruthless collection of royalties by performing rights organizations. Broadcast Music Inc. (BMI) is one of them. I co-wrote a song that has been played regularly for more than eight years on a nationally syndicated talk show. BMI has stiffed me and my co-writer. We have never been paid a cent and we have angrily demanded payment because we know damn well BMI collects from EVERYBODY they can find playing music. These rights organizations mostly are a scam. They collect a lot and pay little and late, if at all.
"Highly recommended for lots of laughter."
Yes I found it late one night, while home alone. I thoroughly enjoyed playing it about 20 times in a row.
And these Richmond Music, or whatever, should know their lawsuit has ZERO chance of success. Parodies are absolutely permitted use. In fact, I remember hearing the rapper who did "Ganster's Paradise" (I forget his name) talk about how he didn't want to perrmit Weird Al Yankovich to use the tune, but that of course in the end he couldn't stop him. And then he said that although he wasn't happy about it, he was glad Weird Al had had success with his parody, which seemed quite sporting to me. That's really one of the great ones btw, and to the rapper I can say that I'd never had heard of his song without Weird Al's "Amish Paradise" version.
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