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37 Comments
- Flummoxer, on 10/11/2007, -9/+44They used the Simpson's theme song.
- uncledeercamp, on 10/11/2007, -1/+17Waxoff's got it right. It's just a satire. This'll get thrown out.
- monospaced, on 10/11/2007, -3/+19even the Simpsons isn't ROFL funny anymore...seriously
- OverloadUT, on 10/11/2007, -3/+16@hdtvdust-
Okay in this case the guy you're responding to is wrong because the clip in question does violate copyright. However, let's not fool ourselves in to thinking that just because they're professional lawyers for a large corporation they only sue people when they have a case. - xTRUMANx, on 10/11/2007, -2/+11The article said it wasn't funny. I say it had it's moments. Sure it wasn''t ROFL funny, but it's the 1st episode, give it time to grow...
- inactive, on 10/11/2007, -2/+9yeah, because The Simpsons movie is REALLY going to need publicity.
- inactive, on 10/11/2007, -9/+15waxoff...something tells me that Fox's lawyers know a little more about the law and fair use than you do.
- inactive, on 10/11/2007, -1/+7ha. ha.
- Obligation, on 10/11/2007, -0/+4Provision 4? Are you seriously saying that fewer people are going to watch The Simpsons because of this dumb little video?
- mad05963, on 10/11/2007, -0/+3This is a parody. The the theme song is used in context and therefore cannot be separated from the parody presented in the whole. If they were using the theme song in a stand alone format, or somehow outside the parameters set by the visuals, then it would need changes in composition that would denote is as parodying the song itself. But in this context the song is an identifiable and intrinsic part of the introduction of The Simpsons, a parody of the show's opening sequence would need the same song to be effective. this will fall under common law of copyright/fair-use judgements of the past.
If I were making a parody of a Green Giant commercial, I can use the "Ho Ho Ho" , as long as a reasonable person can determine that this is not a official Green Giant commercial, making the giant blue, or turning him into a green midget, I can claim fair use.
I will agree with supermanred that fox is probably only seeking to protect its copyright ahead of any spoofs or other matters that may come from the release of the Simpson's movie, they may not win out right, but may dissuade others from attempting a similar stunt.
- RAEP, on 10/11/2007, -2/+5I don't care. It was *****. Good riddance. Way to go Rupert Murdoch.
- inactive, on 10/11/2007, -0/+2Thank you fox lawyers!
i had never heard of that before, but thanks to your lawsuit
now i have watched someone steal your IP.
i even almost laughed once. - funkkyhippo, on 10/11/2007, -1/+3Let's hope they don't find out about www.thesimpsonsmovie.com
- Paulius1981, on 10/11/2007, -0/+2Sadly I don't think it matters if it does come under fair use or parody.
This has happened countless times before. Sure, they never go up against SNL or Mad TV...but when you're just a guy running a website, there's not a hell of a lot you can do when corporate lawyers knock on your door.
Unfortunately being right doesn't guarantee victory in court. The legal system seems to be based around who has the most money and can afford the most lawyers. Never mind the O.J. Simpsons...just look at what happened with the REAL OJ Simpson. - benitojuarez, on 10/11/2007, -0/+2I remember back in the day cracked magazine had a comic called the simpson with oj as bart.
- supermanred, on 10/11/2007, -0/+2If a term becomes used in the common language, it can be difficult to protect that name under copyright. Just ask the people at kleenex and google how hard they fight to avoid it.
- antitomato, on 10/11/2007, -0/+1Brilliant!!!!!!!!!!
- waxoff, on 10/11/2007, -3/+4Next time I'll watch the clip before I post. Knee jerk reaction...
- genconkeeper, on 10/11/2007, -0/+1I just thought it was lame
- Obligation, on 10/11/2007, -10/+11Why is everyone digging waxoff down? That certainly should be covered under fair use as parody. Even if they used the theme song. RTFL (read the ***** law).
http://www.copyright.gov/title17/92chap1.html#107 - Chairboy, on 10/11/2007, -4/+4"Could this be a stunt to get publicity for "The Simpsons" movie that's coming out this summer?"
That's a really freakin' dumb guess. Seriously, do you feel there's really a possibility that Fox would _sue_ someone as a publicity stunt? So many Digg story submissions are fine, but once in a while, a sentence like that sneaks in. Whiskey Tango Foxtrot? - pisanoromano, on 10/11/2007, -0/+0They can be sued for using the song because its the original composition of the theme. The only way they can get away with it is if they recorded a cover of the song themselves or had it licensed out to them for the parody. I work in the business and thats the way it is.
- supermanred, on 10/11/2007, -2/+2At the same time, Fox has to show an interest in protecting their copyright. I believe it is important to show that you are protecting your copyright in order to retain it. Like, for example when DC sued the makers of The Greatest American Hero claiming it infringed on their Superman property. The makers of the show defended themselves in court by saying clearly they were infringing on the copyright of DC's Green Lantern and not Superman. The case was settled and no follow up Green Lantern law suit was filed. DC just wanted to put another court case under the belt in the "defense" of their Superman property and had no intention on harming the makers of the show.
There are many frivolous law suits like this filed every day.
And I believe using the theme song in its entirety IS a violation of copyright. If they re-sing it with satirical lyrics, then it is covered under satire.
Maybe I should go watch the video now... lol - strangewill, on 10/11/2007, -1/+1They should be sued for being so boring.
- jstem1994, on 10/11/2007, -0/+0I thought it was funny. Funnier than a few regular Simpson's jokes anyway. Liked the "mountain of evidence".
- pyry, on 10/11/2007, -0/+0The O.J. Simpsons episodes really go at the same pace as the first few seasons of the (original) Simspons.
- inactive, on 10/11/2007, -1/+0Dictionaires often contain trademarked words. Brand names are often in the dictionary.
- gendjinn, on 10/11/2007, -2/+1If the RIAA/MPAA have taught me anything is that you should file your counter-suit as soon as possible to prevent them dropping the suit without prejuidce.
- thestorey, on 10/11/2007, -3/+2Counter Retort.
- inactive, on 10/11/2007, -5/+4yes this is a stunt, dont take a clerk at wal-mart to figure that out
- kahlessreborn, on 10/11/2007, -2/+1Eh it wasn't that funny except for the D'oh at the end. End being who D'oh is no in the dictionary i don't think it can be trademarked anymore.
- inactive, on 10/11/2007, -5/+3OJ sucks
- mud3000, on 10/11/2007, -4/+0brumski
- inactive, on 10/11/2007, -6/+1Did YOU read that link you gave us? provisions 3a and 4 can easily be violated, and hence not fair use. Even provision 1 can be.
- joshua5, on 10/11/2007, -7/+1which is probably what the submitter is
- waxoff, on 10/11/2007, -29/+22Paordy, otherwise known as a fair use of copyrighted material.
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Fair use
noun
the conditions under which you can use material that is copyrighted by someone else without paying royalties
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par·o·dy /ˈpærədi/ Pronunciation Key - Show Spelled Pronunciation[par-uh-dee] Pronunciation Key - Show IPA Pronunciation noun, plural -dies, verb, -died, -dy·ing.
–noun
1. a humorous or satirical imitation of a serious piece of literature or writing: his hilarious parody of Hamlet's soliloquy.
2. the genre of literary composition represented by such imitations.
3. a burlesque imitation of a musical composition.
4. any humorous, satirical, or burlesque imitation, as of a person, event, etc.
5. the use in the 16th century of borrowed material in a musical setting of the Mass (parody Mass).
6. a poor or feeble imitation or semblance; travesty: His acting is a parody of his past greatness.
–verb (used with object)
7. to imitate (a composition, author, etc.) for purposes of ridicule or satire.
8. to imitate poorly or feebly; travesty.
--------------------------------------------------------------------------------- - inactive, on 10/11/2007, -11/+1overload..which is EXACTLY what I said. That Fox's lawyers know more than WAXOFF conceringing this case, becuase clearly waxoff does not know what he is tlaking about.
Waxoff is simply one of many people who think that "fair use' gives people blanket immunity to do anything they want to someone else's work. It does not.
Fox's lawyers know this. Waxoff does not. Hence my comment is true.
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