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The creators of that cartoon parody sweeping through the Web — a Shockwave clip of Bush and Kerry singing to the tune of "This Land is Your Land" — are based in Santa Monica. And now they might get sued. Gregg and Evan Spiridellis of JibJab Media have gotten a demand from the current rights holder to stop "damaging" the Woody Guthrie song. Boing Boing points out, however, that Guthrie's standard copyright notice was quite forgiving:
"This song is Copyrighted in U.S., under Seal of Copyright # 154085, for a period of 28 years, and anybody caught singin it without our permission, will be mighty good friends of ourn, cause we don't give a dern. Publish it. Write it. Sing it. Swing to it. Yodel it. We wrote it, that's all we wanted to do."
JibJab's lawyer adds that the brothers aren't hurting the song, they are engaging in protected political satire. (And, he might add, making the tune familiar to a new generation of potential listeners). That, let's hope, is the end of that. More at LAVoice.org. Richard Rushfield, meanwhile, is bored with the whole thing already.
* July 30 update: The legal nuances of "satire" vs. "parody" and how that could be bad news for JibJab, explored by Reason managing editor Jesse Walker.
Good God. The really scary part is that if these scumbag lawyers (but I repeat myself) go through with their threat, they might actually win. The Ninth Circuit takes a very narrow view of the parody defense, protecting only parodies that actually make fun of the work parodied, rather than making fun of something else (e.g., Bush and Kerry). Remember "The Cat Not in the Hat," the O.J. parody? Dr. Seuss's estate sued, and won.
Dave Barry's parody, by contrast, is aimed at the work itself, and would presumably be protected even here in Hollyweird Circuit.
Posted by: Xrlq at July 27, 2004 12:58 PMPersonally I think that people are using the court system for too many petty things. I think that if the makers of this parody are sued then anyone who wants to make fun of something will be open to frivolous lawsuits. These people are simply making a political satire their not trying to defame the song.
Posted by: Jacqueline Sharp at August 2, 2004 07:33 AM
of LA Observed
JibJab isn't the first to parody "This Land is My Land." Dave Barry wrote an American History book several years ago, and if I recall correctly, he included the following in the book:
"This land is your land
Posted by: Ontario Emperor at July 27, 2004 11:01 AMThis land is my land
Looks like one of us
Has a forged deed to this land"