JibJab has gotten a lot of attention for its This Land is My Land parody. CNN is reporting that the copyright holders for the song aren't too happy about the parody (A JibJab Showdown). There is some question as to whether the flash animation is parody or satire. I argue it is parody (and therefore likely fair use) here: Parody or Satire? iRaq Posters, JibJab Animation, Fuse's Silhouette Ads.
Techdirt has an even better response, a quote on copyright by Woody Guthrie himself (JibJab Threatened Over Use Of Woody Guthrie Song):
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 0215 PT
EFF has been contacted by JibJab and is considering their options (This Land Isn't Your Land).
Category: IP Use
The sad thing about this Woody Guthrie story is according to the NPR story on "This Land is Your Land," Guthrie himself lifted the music from a 1930 gospel song by the Carter Family called "When the World's on Fire." Pete Seeger talked about Guthrie's musical composition style: "He tended to write words first, and later on picked out a tune. Woody once said, 'When I'm writing a song and I get the words, I look around for some tune that has proved its popularity with the people.'"
It is pretty ironic that Guthrie liked to use tunes that had proven popular, but when the JibJab people try to do the same, they get into trouble.
Guthrie wrote the song in 1940, first recorded it in 1951, but did not copyright it until 1956. I wonder if the sheet music was ever publically distributed prior to 1956, thus placing it in the public domain? The NPR story says that the song was "sung at rallies, around campfires and in progressive schools" even though a recording had not been released, suggesting the music was in wide distribution.
Permalink to CommentIt's obvious satire on the political practices of two who want mindless partisan nationalistic patriotism using a song that promotes unity to all, not just those who call themselves Americans, but to all over the world. And the tune was admittedly blantantly lifted from another's work. I guess Guthrie would support file-sharing, too. I hate frivolous lawsuits.
Permalink to CommentThe Carter Family used the tune (When The
World's On Fire -- presumably a traditional religious song copyrighted in A.P. Carter's
name) also for their "Little Darling, Pal
Of Mine".
There have been previous parodies of
"This Land Is Your Land"(I remember quite a
few printed in "Folksinger's Wordbook").
The lawsuit is IMO ridiculous and frivolous.
Permalink to Comment