JibJab Files Suit to Defend Fair Use Rights

**Miniver** · August 4th, 2004, 08:40 PM

In early July, the two brothers behind a little animation shop
called JibJab released a short flash piece that features
cartoon versions of President Bush and Senator Kerry slinging
insults at each other to the tune of Woody Guthrie's "This Land
Is Your Land." The short, called "This Land," has been
fantastically popular - but at least one music publishing
company didn't get the joke. The copyright holder, Ludlow,
Inc., has threatened JibJab and its upstream website hosting
providers with copyright litigation.

"This Land" should qualify as a fair use under copyright law.
JibJab used only a few lines of Guthrie's lyrics. The short
is also a parody, commenting not only on the 2004 elections,
but also on Woody Guthrie's famous song. Moreover, Woody
Guthrie didn't compose the melody - it looks like he borrowed
it from the legendary country artists, The Carter Family.

In response to Ludlow's threats, JibJab asked EFF for help to
protect its fair use and free speech rights. Last week, we
filed a lawsuit on JibJab's behalf, asking a federal court
in San Francisco to declare that the humorous "This Land"
is perfectly legal. For more on this ongoing fight, check
out the links below and stay tuned to EFF's Deep Links
weblog.

Deep Links post:
<http://www.eff.org/deeplinks/archives/001782.php>

Wired article: "JibJab Asks for Court's Help":
<http://www.wired.com/news/culture/0,1284,64428,00.html>

National Public Radio interview with Arlo Guthrie, folk singer
and son of Woody Guthrie:
<http://www.npr.org/features/feature.php?wfId=3810407>

**moneoa** · August 4th, 2004, 08:54 PM

Originally Posted by Miniver

In early July, the two brothers behind a little animation shop
called JibJab released a short flash piece that features
cartoon versions of President Bush and Senator Kerry slinging
insults at each other to the tune of Woody Guthrie's "This Land
Is Your Land." The short, called "This Land," has been
fantastically popular - but at least one music publishing
company didn't get the joke. The copyright holder, Ludlow,
Inc., has threatened JibJab and its upstream website hosting
providers with copyright litigation.

"This Land" should qualify as a fair use under copyright law.
JibJab used only a few lines of Guthrie's lyrics. The short
is also a parody, commenting not only on the 2004 elections,
but also on Woody Guthrie's famous song. Moreover, Woody
Guthrie didn't compose the melody - it looks like he borrowed
it from the legendary country artists, The Carter Family.

In response to Ludlow's threats, JibJab asked EFF for help to
protect its fair use and free speech rights. Last week, we
filed a lawsuit on JibJab's behalf, asking a federal court
in San Francisco to declare that the humorous "This Land"
is perfectly legal. For more on this ongoing fight, check
out the links below and stay tuned to EFF's Deep Links
weblog.

Deep Links post:
<http://www.eff.org/deeplinks/archives/001782.php>

Wired article: "JibJab Asks for Court's Help":
<http://www.wired.com/news/culture/0,1284,64428,00.html>

National Public Radio interview with Arlo Guthrie, folk singer
and son of Woody Guthrie:
<http://www.npr.org/features/feature.php?wfId=3810407>

hurting, ludlow inc needs to find better persuits
I thought it was funny anyways

**shawners** · August 4th, 2004, 09:26 PM

Just when you thought it was safe to go and publish a parady.. BAM.. lawsuit up the ass.

**YWD67** · August 4th, 2004, 10:29 PM

I thought if material such as a music and images were used as a parody or satire,that no permission was need from the owner or whatever, to do so.
I remember when Weird Al did a parody of a rap (cant think of the artist name or the song might have been Coolie O or something) tune and made it about the Amish. Weird Al ask for permission to use the music but the artist refused him. Weird Al did it any way and there was no problem that I can recall.

**rebirth** · August 4th, 2004, 11:55 PM

wait, I thot parody was protected under the constitution, or someshite.

**crackerjacker** · January 21st, 2005, 05:56 AM

ok i am bumpin this thread cuz there is a new jib jab comedy thingie link
plus i wanna post a parody for spider man

spidey first
http://dopey.de/flash/moviezz/neo.swf

jib jab
http://www.jibjab.com/lowband/default.htm
click where it says second term and watch it as well

**crackerjacker** · January 21st, 2005, 06:42 AM

Originally Posted by Miniver

In early July, the two brothers behind a little animation shop
called JibJab released a short flash piece that features
cartoon versions of President Bush and Senator Kerry slinging
insults at each other to the tune of Woody Guthrie's "This Land
Is Your Land." The short, called "This Land," has been
fantastically popular - but at least one music publishing
company didn't get the joke. The copyright holder, Ludlow,
Inc., has threatened JibJab and its upstream website hosting
providers with copyright litigation.

"This Land" should qualify as a fair use under copyright law.
JibJab used only a few lines of Guthrie's lyrics. The short
is also a parody, commenting not only on the 2004 elections,
but also on Woody Guthrie's famous song. Moreover, Woody
Guthrie didn't compose the melody - it looks like he borrowed
it from the legendary country artists, The Carter Family.

In response to Ludlow's threats, JibJab asked EFF for help to
protect its fair use and free speech rights. Last week, we
filed a lawsuit on JibJab's behalf, asking a federal court
in San Francisco to declare that the humorous "This Land"
is perfectly legal. For more on this ongoing fight, check
out the links below and stay tuned to EFF's Deep Links
weblog.

Deep Links post:
<http://www.eff.org/deeplinks/archives/001782.php>

Wired article: "JibJab Asks for Court's Help":
<http://www.wired.com/news/culture/0,1284,64428,00.html>

National Public Radio interview with Arlo Guthrie, folk singer
and son of Woody Guthrie:
<http://www.npr.org/features/feature.php?wfId=3810407>

what is the outcome of this subject?
i wondered what ever happened?

**MushroomheadXIII** · January 21st, 2005, 07:09 AM

Oh christ what whiners, it's not like jibjab is making a profit or anything. If i patented the word 'and' that would be bullshit because it's one word, just like jibjab only used a bit.

**cjules13** · January 21st, 2005, 08:25 AM

Here's the outcome of the case. Jibjab won.

http://www.eff.org/deeplinks/archives/001840.php

**infringer** · January 21st, 2005, 07:27 PM

What a crock of shit!

Some people make a living off of paradies a good place to look is at any good commedian or a lot of the song writers...

Does wierd al ring a bell anyone?

Screw these lawsuit happy fuckers screw em all come on over to my house I'll give you something to cry about .... The whole corperate world needs an ennema.

-infringer-

**Lord_of_the_Dense** · October 18th, 2005, 09:10 PM

I can hardly believe this, but JibJab, the folks who fought so hard for their fair use rights when they put out their "This Land" video, sent a cease and desist letter to The Black Lantern, who had used a few seconds of the "This Land" video in making a video paired with The Legendary KO's mp3 "George Bush Doesn't Care About Black People." There's a lot of layers of mash-up here, so let's take this step by step.

During the 2004 election campaign, JibJab made an animated short video that spoofed both candidates, set to the old tune of (and using some of the lyrics from) Woody Guthrie's "This Land is My Land."

Ludlow Music, Inc., purported rights owner in Woody Guthrie's "This Land is My Land," threatened JibJab with cease and desist letters claiming copyright infringement and seeking to halt distribution of the video.

Read entire story here.