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Supreme Court Allows Rosa Parks to Sue Rap Duo
Yahoo News ^ | December 8, 2003 | James Vicini

Posted on 12/08/2003 10:54:46 AM PST by NYer

The justices let stand a U.S. appeals court ruling that reinstated Parks' false advertising and publicity claims against OutKast and three Bertelsmann AG (news - web sites) units -- LaFace Records, the record producer, and Arista Records and BMG Entertainment, the distributors.

Parks made history in 1955 when she refused to give up her seat to a white man and move to the back of a city bus in Montgomery, Alabama.

Her arrest, which became a defining moment in the civil rights movement, led to a 381-day boycott of the bus system by blacks. It resulted in the end of segregation on public transportation and became a catalyst for organized boycotts, sit-ins and demonstrations across the South.

The song, "Rosa Parks," released as part of the 1998 album "Aquemini," was nominated for a Grammy award. The lyrics do not mention her by name, but the chorus says, "Ah, ha, hush that fuss. Everybody move to the back of the bus."

The album by rap recording artists Andre Benjamin and Antwan Patton has sold more than two million copies and the song enjoyed long-lasting success on the Billboard charts.

Parks, a Detroit resident, sued in 1999, claiming use of her name without permission constituted false advertising and infringed on her right to publicity. She also claimed it defamed her character and interfered with a business relationship.

She had approved a collection of gospel recordings by various artists, released in 1995 and entitled "A Tribute to Mrs. Rosa Parks."

A federal judge dismissed the lawsuit in 1999, ruling constitutional free-speech rights under the First Amendment covered the use of Parks' name.

The appeals court upheld the dismissal of the claims of defamation and interference with a business relationship, but reinstated the rest of the lawsuit.

It said the defendants needed to show some artistic reason for calling the song "Rosa Parks." The appeals court sent the case back for more hearings to determine whether use of her name was symbolic, as the defendants argued, or disguised commercial advertisement.

Attorneys for OutKast and the other defendants appealed to the Supreme Court, asking the justices to hear the case. They said the appeals court unconstitutionally allowed public figures to use trademark and right-of-publicity laws to censor speech.

But the high court rejected the appeal without comment.


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: 1stammendment; billoreilly; copyright; copyrights; entertainment; fairuse; firstammendment; foxnews; freespeech; historicalfigure; lawsuit; loserpays; music; musicindustry; outkast; publicfigure; rosaparks; showmethemoney; singerskantspel; supremecourt; trademarks
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To: TexKat


From our new album, "As Metrosexual As You Wanna Be"
With the new hits
"It Not Gay To Be Wearin' Yo Mama's Furs"
and
"Pink Pistols Ain't Queer As Hell"

41 posted on 12/08/2003 11:31:05 AM PST by Lazamataz (PROUDLY POSTING WITHOUT READING THE ARTICLE SINCE 1999!)
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To: jackbill
Now why did I have a feeling that LAWYERS are somewhere in this story???

Controversy #2: Rosa Parks, the song's namesake and, if you don't remember, civil rights pioneer, was advised to sue Outkast for using her name without permission. I wonder myself if Ms. Parks has ever heard the song; she said she was offended by the use of words such as "hoes" and "niggas," but her lawyers may have just filtered those out for her. For those who haven't heard the song (and this might include Ms. Parks), the name "Rosa Parks" is never uttered in the song itself. One has to wonder how many people who *didn't* know who Ms. Parks was before the song, now know thanks to Outkast's attempt to educate. With this lawsuit, her lawyers seem to be saying "thanks for nothing." It's a shame since Outkast, and "Rosa Parks," are probably closer in spirit to the movement than any of the people representing Ms. Parks.

As for the original situation, I went a few pages deep in google and didn't find anything. I remember this being discussed on FR though so maybe it's in here somewhere.
42 posted on 12/08/2003 11:32:10 AM PST by cyborg (far right extremist american...........)
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To: Lazamataz
Oh dear... all my mom had to do was give me 'the look'. That would shut me up istantly.
43 posted on 12/08/2003 11:33:42 AM PST by cyborg (far right extremist american...........)
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To: cyborg
Oh dear... all my mom had to do was give me 'the look'. That would shut me up istantly.

It worked for my children also.

44 posted on 12/08/2003 11:35:54 AM PST by TexKat (Just because you did not see it or read it, that does not mean it did or did not happen.)
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To: pgyanke
Yeah. They're good in their genre BUT they have no class. Just like Eminem is good, but he has none either. Oh well, I suppose lack of judgment is no barrier to success.
45 posted on 12/08/2003 11:39:00 AM PST by cyborg (far right extremist american...........)
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To: TexKat
Come on. Admit it. My "As Metrosexual As You Wanna Be" album riff made you laugh.
46 posted on 12/08/2003 11:45:09 AM PST by Lazamataz (PROUDLY POSTING WITHOUT READING THE ARTICLE SINCE 1999!)
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To: Lazamataz
Howard Dean's theme song
47 posted on 12/08/2003 11:46:41 AM PST by cyborg (far right extremist american...........)
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To: whattajoke; Lazamataz; cyborg
You think the President will be bringing a lawsuit against or are there other ways to deal with this one.
48 posted on 12/08/2003 11:52:36 AM PST by TexKat (Just because you did not see it or read it, that does not mean it did or did not happen.)
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To: Lazamataz
You always make me laugh.
49 posted on 12/08/2003 11:53:40 AM PST by TexKat (Just because you did not see it or read it, that does not mean it did or did not happen.)
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To: NYer
Sounds like she didn't use Bill O'Reilly's legal team (good call).

She's a public figure whether she wants to acknowledge it. Disney never paid Daniel Boone's heirs and think of all those hats that they sold in the 1950s.

50 posted on 12/08/2003 11:54:18 AM PST by weegee (No blood for ratings! This means YOU AOL-Time-Warner-Turner-CNN)
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To: dead
Um, why can't they say that the song was named after a different person named rosa parks?
51 posted on 12/08/2003 11:56:18 AM PST by Texaggie79 (Did I just say that?)
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To: NYer
Well, maybe it's time for me to write a new rap song called "Rosa Parks' Lawsuit Trigga Finga Be itchin'"
52 posted on 12/08/2003 11:56:18 AM PST by Chad Fairbanks ( All indicators show that the human race is selectively breeding itself for stupidity.)
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To: cyborg
EMINEM OF THE STATE

Eminem has apparently provoked the ire of the US Secret Service following the emergence of a bootleg recording on the internet.

On the track 'We Are American', Eminem allegedly says he'd like to the "see the president dead". The lyric runs:

"F**k money. I don't rap for dead presidents. I'd rather see the president dead. It's never been said, but I set precedents and the standards and they can't stand it... We as Americans. Us as a citizen. We've got to protect ourselves..."

"Dead presidents" is a common slang term for money, as most bills depict a former president of the United States.

Secret Service spokesman John Gill said: "We are aware of the lyric and are in the process of determining what action, if any, will be taken."

A spokesman for Eminem told CNN that the song was merely a work-in-progress: "This was an unfinished song, either lost or stolen. There was no determination where, when, how or if it was going to be used."

53 posted on 12/08/2003 11:57:36 AM PST by TexKat (Just because you did not see it or read it, that does not mean it did or did not happen.)
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To: cyborg
The ability to sue or not to sue is not based on whether or not she was insulted. It has to do with whether they used her name illegally.

I doubt that people would be rallying around this case if it were Charles Manson suing over some song written about him.

54 posted on 12/08/2003 11:58:35 AM PST by weegee (No blood for ratings! This means YOU AOL-Time-Warner-Turner-CNN)
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To: smith288
That scene in "Barbershop" was hillarious.

Absolutely one of the funniest movies I've seen EVER. Lawrence should get an academy award.

According to Cecil, black people need to know 3 things:
1..Rodney King shoulda got his a$$ beat..
2..O J DID IT!..
3..and Rosa Parks din't do nothing but sit her black a$$ down..

Then when Cecil wound up with his statement, "F*K Jesse Jackson", I almost fell off the chair.
Talk about ROTFLMAO, that scene defines the term.

55 posted on 12/08/2003 11:58:51 AM PST by evad (Most politicians lie, cheat and steal. It's all they know to do and they won't stop...EVER!)
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To: Theodore R.
pardoy

PARODY
56 posted on 12/08/2003 12:00:07 PM PST by Theodore R.
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To: Mudboy Slim
The song, "Rosa Parks," released as part of the 1998 album "Aquemini," was nominated for a Grammy award.

This is what the culture war is about. This album got "praise".

57 posted on 12/08/2003 12:01:00 PM PST by weegee (No blood for ratings! This means YOU AOL-Time-Warner-Turner-CNN)
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To: cyborg
There was a controversey about another woman doing the same thing but not getting as much credit. It had to do with NAACP political power drama behind the scenes.

It's before my time but there was a dining counter in Houston (at the downtown Woolworth's I think, it was possibly the world's largest) that was integrated. I don't know all of the details but I have read several accounts of it. I think that the authorities appealed to the Houston papers (we had more than one daily back then) NOT to cover the story. There was minimal outcry. Basically one day it was segregated, some black people refused to move, and the next week things had changed without devisive outbursts (the change had already occurred adn there was no going back).

58 posted on 12/08/2003 12:07:56 PM PST by weegee (No blood for ratings! This means YOU AOL-Time-Warner-Turner-CNN)
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To: newgeezer
When you consider that the courts have let stand the "trademarking" of the likeness of deceased celebrities (such as Marilyn Monroe) and that the trademark can be passed along to people who are not even related to Ms. "Monroe", there is a "right to publicity".

It is also BS. Bought and paid for by the entertainment industry.

59 posted on 12/08/2003 12:10:54 PM PST by weegee (No blood for ratings! This means YOU AOL-Time-Warner-Turner-CNN)
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To: weegee
The squeaky wheel gets the grease in the media. That's why people MUST get their news from a variety of sources.
60 posted on 12/08/2003 12:13:39 PM PST by cyborg (far right extremist american...........)
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