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Parody or Satire? Threat To Sue JibJab
The Importance of writes "Internet multimedia producers JibJab have been getting a lot of attention recently for their version of Woody Guthrie's "This Land is Your Land" that pokes fun at Bush, Kerry and America in general. Now, JibJab is being threatened with a copyright lawsuit by the rights holders. They've already contacted EFF and there is an ongoing debate about whether the flash animation is protected parody or infringing satire."
Anti-property, anti-government... and they're worried that a satire aimed at Bush/Kerry will "damage" this "icon of americana"?? This is what the original folk music was all about! It seems to me that the copyright holders are just looking for an excuse to come down on these people. I doubt Woodie Guthrie would have approved the suit...
(PS. Just to be clear, I love this song - in its entirety - and was listening to it last week during a drive across the U.S. I wish the original message wasn't getting so lost...)
What's important in this case is that is clearly political speech, and the Courts have time and time again give much more freedom to political speech than any other. Political speech is what is most protected by the first ammendment, because it keeps a free government free.
The difference is that parody makes fun of the original work that the work is derived from; satire is a derivative work that makes fun of something else. Parody is protected, satire is not fair use.
It's pretty clear that the flash animation in question does not make fun of the actual song, but rather the presidential candidates and America in general. Thus, I don't think it's legal, but I'm only a law intern.
I'm not saying that I like the conclusion, however.
Satire has a near and dear place in many people's hearts just as a coping mechanism with all of the crazy stuff happening in the news. Take it away, and we go back to rioting. That's how it works
I are winner
I swear, I've seen the entire flash three times now thanks to the repeat airings on the news. Would anybody have gotten their undies in a twist if the animation had been something completely forgettable on Newgrounds.com?
They're probably making fun of Bush, not Woody Guthrie. They're just using Woody Guthrie's song to enhance their parody. Penny arcade had a simular problem when they did a comic about "American McGee's Strawberry Shortcake". Actually, Penny Arcade might have been able to win that case (the commic had Strawberry dolled up like a Dominatrix, and you could argue they where making fun of her overly sweet image by showing her in that light). Now, I haven't seen this flash, but I'm guessing it in no way makes fun of Folk songs/signers.
Now, the irony is having a champion of the little guy (Woody Guthrie), having his works controled by large corporations. Gotta love it.
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.... its freedom of speech but only when you say what I want to hear.....
This log is your log
This log is my log
When lightning struck it
It kicked the bucket!
I poured some onions
Inside my trousers
This log, it used to be a tree
Now it spreads love to you and me
Hey look, it's headed out to sea!
Don't Tread on Me
For those who don't know, here is the portion of the U.S. Constitution that copyright and patent are based on:
"congress shall have the power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." If they pass a copyright term extention every 20 years, then they are perpetual, and therefore not for limited times.
How ya like dat?
If Guthry had already given up some of his rights to the song (as per his copyright notice), then he could not transfer those rights to his heirs. JibJab might very well wind up standing behind Woody Guthrie's original copyright notice in court. Your original comment:Is horseshit. It is leastaways completely irrelevant to Woody Guthry.
IANALBIPOOTV.
There are no trails. There are no trees out here.
No, this song isn't making fun of the original, it's poking fun at the 2004 US elections and the candidates for both parties. The song is simply the means to an end and JibJab could have just as easily picked any number of songs about America for the tune.
Before the mods kick this post into oblivion note this, this doesn't mean I think JibJab's animatin wasn't funny, it just means I can see why this could be construed as an infringing satire and not a legitimate pardoy.
Not so fast. The primary intent was to make political satire. However, this song was chosen specifically to contrast the political status with the message of the song. As well, the song often used to promote patriotism by those running, and running for, government despite the fact that it is very anti-government.
If they had just picked a random song, you'd probably be right. But because of the specifics of the contrast between the original song message, current political status, and typical use of the song by government, it seems to be very much a parody. IANAL, but I think there's a solid argument there for parody. AFAIK, the parody doesn't have to be the primary intent of the song to make it fair use.
I never imagined that I would ever hear the words "caviar" and "champagne" used in reference to Woody "This Guitar Kills Fascists" Guthrie. He's a (formerly) walking, talking counterexample to your stereotype.
The point is, artists are in complete control UNTIL the moment they worry about $$ instead of art.
Meanwhile, back in the real world... Artists always have to worry about both money and art. You can't write songs if you can't eat. I'm not disputing the point that too many so-called "artists" are far more interested in the money than the muse, but when the muse isn't feeding you and a cartel is blocking you from access to an audience (as the RIAA has historically done), "selling out" is an option that many take whilst holding their noses.
http://alternatives.rzero.com/
Glory, glory, hallelujah
Teacher hit me with a ruler
Met her at the door
With a loaded 44
And she ain't my teacher no more!
Nowadays, songs like these get you expelled under "zero tolerance" policies. Hell, I remember when we did the Christmas gift exchange, I brought a cap gun. The lucky bastard who drew my number was the "cop" that day during the playground game of "cops and robbers." Nobody, teachers included, said jack. Try to imagine how many people would wet their pants, not even at the sound of a cap gun on a playground, but at the very fact that a crude facsimile of a pistol was on school grounds at all.
I worry that we're teaching kids how to appreciate a totalitarian society, and worse, that some people are happy about it.
-paul
Pistol caliber is like religion: everyone has their favourite, and theirs is the only right choice.
It's both.
Sure, Kerry and Bush are main targets of parody here, but so is the whole theme of Guthrie's song. They could have used "Yankee Doodle" or "Disco Duck" or "When Johnny Comes Marching Home" as the template, but they chose "This Land Is Your Land" for what it (used to) mean.
http://alternatives.rzero.com/
I'm picking on Disney as an example just because they are probably the worst ones. Mickey Mouse should be in the public domain. What has Disney done lately that justifies a perpetual monopoly? In fact, they have become a censorious bunch of political hacks--as shown by their handling of Fahrenheit 9/11 (which has already outgrossed every other movie Disney saw fit to actually distribute this year).
Poor Woody must be spinning in his grave.
Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
Much has been said about Guthrie's standard copyright notice to do whatever you want with his music, but I haven't read anything yet about the "folk process" to which Guthrie and his contemporaries such as Pete Seeger (who was in the folk group "The Weavers" and is still alive) depended on.
What was the folk process?
In short, it was the age-old practice Guthrie and others used of taking old music and writing new words. Just like a folk-tale is a story that has been told and changed as time goes on.
When the Weavers took [Guthrie's] 'So Long (It's Been Good To Know Yuh)' into the pop charts '51, the song had been written originally to cheer up migrant workers, adapted as a patriotic war song and as a jingle for selling pipe tobacco; far from being outraged, Woody was there in the studio, helping the Weavers adapt it yet again: 'For better or worse,' wrote Colin Irwin in Mojo '97, 'this was the folk process at work.'
As Seeger says,
"My father was more sensible. He said to think of the folk process as something that has gone on through the ages. The folk process occurs in cooking, with cooks rearranging recipes. And lawyers rearrange old laws to fit new citizens. If you look at it this way, then the true importance of folk music is to let ordinary folks change things."
W
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This is my SIG. There are many like it, but this one is mine.