JibJab troubles over "This Land is My Land" video - GoFuckYourself.com

Dagwolf · 07-27-2004, 11:30 PM

http://money.cnn.com/2004/07/26/comm...stler/wastler/

A Jibjab showdown
Bush-Kerry parody draws the ire of the music publisher that owns the Guthrie song.
July 26, 2004: 11:54 AM EDT

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.

"This puts a completely different spin on the song," said Kathryn Ostien, director of copyright licensing for the publisher. "The damage to the song is huge."

TRO believes that the Jibjab creation threatens to corrupt Guthrie's classic -- an icon of Americana -- by tying it to a political joke; upon hearing the music people would think about the yucks, not Guthrie's unifying message. The publisher wants Jibjab to stop distribution of the flash movie.

Of course the creators behind Jibjab don't agree.

"We consider it a case of political satire and parody and therefore entitled to the fair use exemption of the copyright act," said Jibjab attorney Ken Hertz.

So far there isn't a lot of money involved. The brothers who made the movie, Gregg and Evan Spiridellis, have been distributing it pretty much for free (a paid-download option was available, but abandoned as most folks went for the free-on-the-Internet route). But the two are getting a lot of media attention as more news organizations and talk shows feature the flash bit (I think CNN was first, by the way, when we featured it on "In The Money" in early July).

"We're just trying to catch our breath," said Gregg Spiridellis, before sending me on to his lawyer.

Right now lawyers for both sides are just hurling threatening letters at one another. If the dispute ends up in court, it'll be interesting.

TRO: "You've hurt our music!"

Jibjab: "You've got no humor!"

Both: "This judge will surely side with me!"

--------------------------------------------------------------------------------

Allen Wastler is managing editor for CNN/Money and a commentator on CNNfn.

Morgan · 07-27-2004, 11:32 PM

Damn shame. That's probably my favorite flash Ive seen.

Trixie · 07-27-2004, 11:40 PM

Another example of suits stealing music from us. If Woody Guthrie were alive today, he'd laugh his ass off at the jibjab version if he hadn't already written it himself. Those people who own the rights are the ones corrupting Guthrie's message. Fuckers!

In school they don't teach you all of the verses of "This Land is Your Land" but there are revolutionary and totally anti-establishment alternative verses (sorry, I can't find them to quote right now). He would hate people taking his music and using it against people just like him trying to send a message through satire, etc. Guthrie was always fucking with his own lyrics, changing them to suit whatever political commentary he wanted to make for whatever audience he was performing to.

Sigh.

TurboTrucker · 07-27-2004, 11:41 PM

Fucking idiots. Nobody even remembered that song until JibJab brought it back to popularity.

Babaganoosh · 07-27-2004, 11:42 PM

That's a parody so there isn't shit they can do about it.

darnit · 07-27-2004, 11:43 PM

Parody is a clearly protected form of free speach... no way jibjab will loose.

pxxx · 07-27-2004, 11:46 PM

Quote:

Originally posted by TurboTrucker
Fucking idiots. Nobody even remembered that song until JibJab brought it back to popularity.

Never even knew there was actually a real song with the same title.

zanycash Pete · 07-27-2004, 11:50 PM

I think bush is behind it!

Dagwolf · 07-27-2004, 11:56 PM

Quote:

Originally posted by Trixie

In school they don't teach you all of the verses of "This Land is Your Land" but there are revolutionary and totally anti-establishment alternative verses (sorry, I can't find them to quote right now).

The missing verses are HERE

Pleasurepays · 07-28-2004, 12:30 AM

Quote:

Originally posted by Armed & Hammered
That's a parody so there isn't shit they can do about it.

i was thinking the same thing.

Loki · 07-28-2004, 12:35 AM

yup yup yup if its a parody they are 10000000000% safe, the fucks at TRO have no case and are just trying to gan some media attn, fuck um, and the rest like um. Has Weird Al ever been sued?

Has Mark Russel ever been sued???????? (He's the political piano man who takes all sorts of old songs and makes um political songs, and HE'S ON PBS!!!!!

-Loki-

GTS Mark · 07-28-2004, 12:40 AM

It won't go to court... I went thru a similar case with Mastercard.

They will send letters back and forth and Jibjab will probably end up throwing up a link to the artist giving he/she props for the music.

DH

johnbosh · 07-28-2004, 12:43 AM

Pleasurepays · 07-28-2004, 12:44 AM

Quote:

Originally posted by vdc-Loki
yup yup yup if its a parody they are 10000000000% safe, the fucks at TRO have no case and are just trying to gan some media attn, fuck um, and the rest like um. Has Weird Al ever been sued?

Has Mark Russel ever been sued???????? (He's the political piano man who takes all sorts of old songs and makes um political songs, and HE'S ON PBS!!!!!

-Loki-

but most people that do parody songs also limit them to what i have heard referred to as "parody length". maybe there is some legal precedence that sets some solid boudaries for what a song parody is?

TheMob · 07-28-2004, 12:45 AM

that flash things was really good

Loki · 07-28-2004, 12:58 AM

Quote:

Originally posted by Pleasurepays
but most people that do parody songs also limit them to what i have heard referred to as "parody length". maybe there is some legal precedence that sets some solid boudaries for what a song parody is?

Well as for that, The only thing that was used by Jib Jab was the music, the words were totaly changed except the chorus "This Land" Will surly vote for me.

Now the same can be said with the others that i mentioned, with the exception of Weird AL, who changes it a bit, and then makes most of it ryhme with the original.

As for guidelines that i do not know, I just know that a parody is excempt from (C) Laws, as it was discussed to me from a record company I deal with.

-Loki-

BlingDaddy · 07-28-2004, 01:03 AM

Quote:

Originally posted by DrinkingHard
It won't go to court... I went thru a similar case with Mastercard.

They will send letters back and forth and Jibjab will probably end up throwing up a link to the artist giving he/she props for the music.

DH

And they shouldn't even have to do that.... it's humor and should be protected....

07-27-2004, 11:30 PM	#1
Dagwolf President of Canada Join Date: Sep 2003 Location: Leaving Hell, Entering Limbo Posts: 23,141	JibJab troubles over "This Land is My Land" video http://money.cnn.com/2004/07/26/comm...stler/wastler/ A Jibjab showdown Bush-Kerry parody draws the ire of the music publisher that owns the Guthrie song. July 26, 2004: 11:54 AM EDT 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. "This puts a completely different spin on the song," said Kathryn Ostien, director of copyright licensing for the publisher. "The damage to the song is huge." TRO believes that the Jibjab creation threatens to corrupt Guthrie's classic -- an icon of Americana -- by tying it to a political joke; upon hearing the music people would think about the yucks, not Guthrie's unifying message. The publisher wants Jibjab to stop distribution of the flash movie. Of course the creators behind Jibjab don't agree. "We consider it a case of political satire and parody and therefore entitled to the fair use exemption of the copyright act," said Jibjab attorney Ken Hertz. So far there isn't a lot of money involved. The brothers who made the movie, Gregg and Evan Spiridellis, have been distributing it pretty much for free (a paid-download option was available, but abandoned as most folks went for the free-on-the-Internet route). But the two are getting a lot of media attention as more news organizations and talk shows feature the flash bit (I think CNN was first, by the way, when we featured it on "In The Money" in early July). "We're just trying to catch our breath," said Gregg Spiridellis, before sending me on to his lawyer. Right now lawyers for both sides are just hurling threatening letters at one another. If the dispute ends up in court, it'll be interesting. TRO: "You've hurt our music!" Jibjab: "You've got no humor!" Both: "This judge will surely side with me!" -------------------------------------------------------------------------------- Allen Wastler is managing editor for CNN/Money and a commentator on CNNfn. __________________ Sleep well, and dream of large women.

07-27-2004, 11:32 PM	#2
Morgan Too lazy to set a custom title Industry Role: Join Date: May 2002 Location: Corona Del Mar, CA Posts: 10,520	Damn shame. That's probably my favorite flash Ive seen. __________________ PornstarPlatinum.com \| TransErotica.com

07-27-2004, 11:40 PM	#3
Trixie Confirmed User Join Date: Oct 2002 Location: near Seattle, WA Posts: 1,850	Another example of suits stealing music from us. If Woody Guthrie were alive today, he'd laugh his ass off at the jibjab version if he hadn't already written it himself. Those people who own the rights are the ones corrupting Guthrie's message. Fuckers! In school they don't teach you all of the verses of "This Land is Your Land" but there are revolutionary and totally anti-establishment alternative verses (sorry, I can't find them to quote right now). He would hate people taking his music and using it against people just like him trying to send a message through satire, etc. Guthrie was always fucking with his own lyrics, changing them to suit whatever political commentary he wanted to make for whatever audience he was performing to. Sigh. __________________ WebWhoreBucks: Girls, a guy and a tranny -- unique indie porn!

07-27-2004, 11:41 PM	#4
TurboTrucker Confirmed User Join Date: Jan 2003 Location: Phoenix Arizona Posts: 2,363	Fucking idiots. Nobody even remembered that song until JibJab brought it back to popularity. __________________

07-27-2004, 11:42 PM	#5
Babaganoosh ♥♥♥ Likes Hugs ♥♥♥ Industry Role: Join Date: Nov 2001 Location: /home Posts: 15,841	That's a parody so there isn't shit they can do about it. __________________ I like pie.

07-27-2004, 11:43 PM	#6
darnit Confirmed User Join Date: Jul 2001 Location: Teh Interweb Posts: 2,439	Parody is a clearly protected form of free speach... no way jibjab will loose.

07-27-2004, 11:50 PM	#8
zanycash Pete Confirmed User Join Date: Jun 2004 Location: California Posts: 1,023	I think bush is behind it! __________________ $45 Per Join or 60/40 Rev Share! New Fresh Hosted Galleries And High Quality/Converting Sites! Free Hosting, Free Content, Awsome Free Hosted Gallery Generator! ICQ#249-429-941

07-28-2004, 12:35 AM	#11
Loki Confirmed User Industry Role: Join Date: Feb 2004 Location: Michigan Posts: 4,420	yup yup yup if its a parody they are 10000000000% safe, the fucks at TRO have no case and are just trying to gan some media attn, fuck um, and the rest like um. Has Weird Al ever been sued? Has Mark Russel ever been sued???????? (He's the political piano man who takes all sorts of old songs and makes um political songs, and HE'S ON PBS!!!!! -Loki- __________________ MAKE MONEY WITH 3D TOONS! Need hosting? LokiCa$h Uses Amerinoc and love them! Skype: LokiPorn Or Email 3dloki\|at\|gmail.com

07-28-2004, 12:40 AM	#12
GTS Mark Vrume Mark Industry Role: Join Date: Jan 2001 Location: Toronto, Canada Posts: 20,912	It won't go to court... I went thru a similar case with Mastercard. They will send letters back and forth and Jibjab will probably end up throwing up a link to the artist giving he/she props for the music. DH

07-28-2004, 12:43 AM	#13
johnbosh Confirmed User Join Date: Aug 2002 Location: The Netherlands, Rotterdam Posts: 8,965	:D

07-28-2004, 12:45 AM	#15
TheMob Confirmed User Join Date: Jan 2003 Location: 2006 Posts: 8,584	that flash things was really good