The pretty funny Bush/Kerry parody with the “This Land Is Your Land”-based lyrics (from JibJab.com) has drawn a complaint from the owners of the “This Land Is Your Land” copyright.
The copyright owners have a pretty good case. If JibJab were making fun of the song, then the cartoon would likely be a fair use. But JibJab seems to be just using the song to make fun of Bush and Kerry, rather than making much of a comment about the song itself — that makes the fair use defense much weaker. (See Campbell v. Acuff-Rose (1994), the “Oh, Pretty Woman” case; see also Dr. Seuss Enterprises v. Penguin Books USA, the Seuss-rhymes-about-O.J. case from the Ninth Circuit several years ago.) I realize one could argue that JibJab is partly commenting on the song, and, even if courts reject that argument, JibJab’s fair use case isn’t a clear loser. But on balance, the copyright owner’s s argument is likely stronger than the defendant’s.
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