Online company suing for right to use 'This Land'

0 Comments | Deseret News (Salt Lake City), Jul 31, 2004 | by Joyzelle Davis Bloomberg News

"This Land" was made for you and me, JibJab Media Inc. said in a lawsuit seeking the right to use the Woody Guthrie song "This Land Is Your Land" in an online parody of President Bush and Sen. John Kerry.

JibJab, which creates cartoons and children's books, wants a court order saying the song's inclusion in an animated video that shows Bush and Kerry slinging insults is a fair use under copyright law. The song's copyright owner, Ludlow Music Inc. has threatened to sue JibJab if the song isn't pulled from its Web site by today, claims JibJab, which is based in Santa Monica, Calif.

In the two-minute video, Bush's cartoon character declares that his Democratic opponent has "more waffles than a house of pancakes" and Kerry counters that Bush "is a right-wing nut job." The video has been aired on shows including "ABC World News Tonight," "The Today Show" and "Larry King Live."

"There's no question that this is very, very much a parody, especially considering that it's in a political context," said George Hedges, an intellectual property lawyer with Quinn Emanuel Urquhart Oliver & Hedges LLP who isn't involved in the case.

Kathryn Ostien, director of copyright, licensing and royalties for New York-based Ludlow Music, didn't immediately return a call seeking comment.

In a letter sent last week that was attached to the lawsuit, Ludlow's attorneys said that JibJab copied "the entire melody, harmony, rhythm and structure of Mr. Guthrie's song" as well as several of its lyrics without a license.

"Make no mistake, while the unauthorized movie may be a humorous comment on the current presidential campaign, it does not meet the legal requirement for a parody of the infringed composition," the letter said.

JibJab, which is run by brothers Gregg and Evan Spiridellis, says in its suit filed yesterday in San Francisco federal court that the video is a parody doesn't infringe Ludlow Music's copyrights.

"The video raises a number of important issues about America, its democracy, and its politics in a humorous manner," JibJab said in the suit.