First the giant retail chain sent a nastygram to an improvisational troupe that staged an unannounced performance at one of its stores and then sold parody T-shirts that imitated the retailer’s graphics. Then it sent a nastygram to a blog that had reported on the incident. Then, as p.r. disaster loomed, it apologized for sending the nastygram — the second one, at least, the one to the blogger. (Laughing Squid, Dec. 12)(via Turkewitz).
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parody
Back in the actual calendar year 1984, for what it’s worth, the operation of copyright law was a lot gentler toward political satirists and other public commentators (Boing Boing, Mar. 28)(via Glenn Reynolds).
The humor website Chickenhead publishes a parody of the famous Daily News headline “Ford to City: Drop Dead” and promptly receives a threatening letter from lawyers for the Gotham tabloid (Dec. 29; mild tastelessness).
Lyons Partnership, which owns the rights to the children’s character Barney, has backed off its threats against the proprietor of a parody website that portrays the lumbering purple dinosaur as evil (see Sept. 6). (Dawn C. Chmielewski, “Happy ending? Suit over Barney parody is settled”, Los Angeles Times, Nov. 29).
For years lawyers representing the owners of the children’s-show character Barney have been firing off cease-and-desist letters to parodists who’ve portrayed various forms of violence being visited on the purple dinosaur (see, for example, Jun. 25, 2001). Now one such exchange has escalated, as the Electronic Frontier Foundation has sued Lyons Partnership, owner of Barney rights, seeking a court’s declaration that Stuart Frankel is not committing infringement by publishing a Barney parody site. (Robert Ambrogi, Legal Blog Watch, Aug. 24). Update Nov. 30: Lyons backs off.
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Red Buttons died yesterday. He was an Oscar-winner and famous comedian, but we at Overlawyered will remember him for suing Conan O’Brien for mentioning him in a 1993 sketch. Portions of the opinion in Buttons v. National Broadcasting Co. Inc. (No. CV94-0354 (C.D. Cal.)) (via my brother) are after the jump:
This isn’t the first time the Tonight Show’s “Headlines” feature, in which Leno uses real-life news photos as the basis for wisecracks and ridicule, has landed the network and comedian in court. However, a defense lawyer predicts the suit will go nowhere because the audience understood the material to be comedy. (Pam Smith, “Comedian Leno Sued for ‘Sperm Donor’ Joke”, The Recorder, Apr. 12). More “Tonight Show” litigation: Dec. 7, 1999 (flying t-shirt). (Update Jul. 9: court says it will dismiss suit).
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It’s blatantly a parody, coupled with social criticism of the world’s largest retailer, but Wal-Mart had its lawyers fire off nastygrams to computer store owner Charles Smith and, perhaps more effectively, to CafePress. Now things have proceeded to court. Smith’s website is here. (Abigail Goldman,”Wal-Mart Parodist Sues to Sell Products”, L.A. Times/Chicago Tribune, Mar. 7)(via Housing Panic).
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The comedian’s attorneys have sent nastygrams demanding that “House of Cosby” be removed. (Lea Miller, “Cosby’s Lawyers See No Flattery in an Imitation”, New York Times, Mar. 6).
Comedian Sacha Baron Cohen, on a website supposedly maintained by his “Borat” character, claims to welcome the Kazakhstan government’s threats to take legal action against him for his spoof. (“‘Sue me’, says Borat”, Stuff (N.Z.), Nov. 28; Althouse, Nov. 25; see Nov. 16).
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On his popular HBO show, comedian Sacha Baron Cohen portrays various outrageous characters among them “Borat”, supposedly a TV personality from the (real) former Soviet republic of Kazakhstan. Now “Kazakhstan’s Foreign Ministry is threatening to sue him for portraying the central Asian state in a ‘derogatory way.’” (Buck Wolf, “Kazakhstan Not Laughing at ‘Ali G’”, ABCNews, Nov. 15).
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Yes, it’s the Scientologists again (see Apr. 16, 2004; Mar. 25-26, 2002; Mar. 19-20, 2001; May 3, 2000). This time they’re threatening a New Zealand parody site named ScienTOMogy.info, which is thus named in honor of Scientology adherent Tom Cruise (via Matt Welch, Reason “Hit and Run”, Oct. 19, headline and all). More: Ron Coleman, Likelihood of Confusion, Oct. 22.
More about the Garrison Keillor nastygram (earlier).(cross-posted from Point of Law).
Continuing juvenile humor litigation day at Overlawyered: “We were very nearly sued out of existence by Janet Jackson,” said former Onion editor-in-chief Robert Siegel, thanks to a story headlined “Dying 13-Year-Old Gets His Wish, Will Pork Janet Jackson.” (Samara Kalk Derby, “Jackson almost killed Onion, editor reveals”, The Capital Times, Apr. 12) (via Romenesko).
The latest installment in the beloved musical spoof series sending up Broadway shows opened this month at the Douglas Fairbanks Theater in New York. As founder Gerald Alessandrini makes clear in his liner notes to vol. II, the series is made possible by the good-natured forbearance of many in the theater community: “Also special thanks to the real composers and lyricists and writers (alive and past) who have let us make mince meat out of their beautiful and well-crafted work. Without their reluctance toward lawsuits there would certainly be no Forbidden Broadway.”
In 1999, 13-year old Christopher Beamon of Denton County’s Ponder, Texas, was assigned to write a Halloween story, but when he wrote a horror tale of accidentally shooting a teacher, he earned more than an A+: the local district attorney, Bruce Isaacks, prosecuted him, and Judge Darlene Whitten ordered him detained for a week at a juvenile center.
Already one for the overlawyered files, but then the Dallas Observer printed a parody having Isaacks and Whitten go after Cindy Bradley, a fictional six-year-old girl who read Where the Wild Things Are for first-grade story time. Isaacks and Whitten sued for libel, under the theory that because the story wasn’t labeled satire, some readers might think it’s the real thing. Amazingly, a lower court was ready for this to go to a jury trial before the Texas Supreme Court stepped in Friday and unanimously voted to throw out the case. The Court noted, among other things, that the Beijing Evening News took seriously an Onion story about Congress requesting a dome with a retractable roof and that another Onion story titled “Al-Qaida Allegedly Engaging in Telemarketing” provoked a Michigan sheriff to issue a warning in a press release. (AP, “Court rules for Dallas Observer in libel suit”, Sep. 3; Jesse Walker, “Where the Wild Suits Are”, Reason, Feb.; New Times Inc. v. Isaacks opinion; Daniel Terdiman, “Onion Taken Seriously, Film at 11″, Wired, Apr. 14) (via Hit & Run).
Update, Sep. 9: Howard Bashman has a comprehensive run-down of coverage, and points us to this Dallas Observer story gloating in victory.
JibJab, creator of that popular This Land Is Your Land political parody has been warned that they are infringing on Woody Guthrie’s copyright (see letter here.) As the Wired story notes, this action is the antithesis of the spirit of Woody Guthrie, who had this to say about copyrights:
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.
UPDATE: Much discussion of the issue can be found at The Volokh Conspiracy. Just keep scrolling.
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