Family Guy Song Didn't Infringe On Pinocchio Song

from the when-you-wish-upon-a-star... dept

It's another victory for fair use, as a judge has sided with the producers of the animated series Family Guy in a lawsuit over whether the song When You Wish Upon A Star was infringed by a parody song. The judge sided with Family Guy, noting that the song was used for humorous intent, and the "wholesome" association between the original and the movie Pinocchio made the song ripe for parody. This isn't the first time Family Guy has won lawsuits from people who are apparently unaware of the legal acceptance of parody... Somehow, it's unlikely to be the last time either.


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  1.  
    identicon
    Falindraun, Mar 17th, 2009 @ 2:04am

    C'Mon Disney

    ::Rolls eyes and smacks Disney in the face::

    C'mon guys, don't be stupid.

     

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  2.  
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    Anonymous Coward, Mar 17th, 2009 @ 2:37am

    Satire is the best form of liable...err...i mean-Flattery ;)

     

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  3.  
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    Matt T., Mar 17th, 2009 @ 4:31am

    Title?

    Aww, Mike, you didn't tell us the name of the song in question. For those who are wondering, it was "When you wish upon a Jew"

     

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  4.  
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    andBeans, Mar 17th, 2009 @ 4:51am

    Wasn't that song in one of the "banned" episodes anyway? Sheesh...is Disney hard-up for money, too?

     

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  5.  
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    Vidiot (profile), Mar 17th, 2009 @ 4:53am

    Re: C'Mon Disney

    Actually, it doesn't belong to Disney, much to their chagrin. In terms of Disney-associated themes, it's "the one that got away"...

     

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  6.  
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    Comboman, Mar 17th, 2009 @ 5:02am

    Victory?

    Hardly a victory. All this means is that corporations with deep enough pockets to afford good lawyers (i.e. Fox) can utilize their fair use rights. The rest must either comply with cease-and-desist letters or lose their life savings fighting it in court.

     

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  7.  
    identicon
    Anonymous Coward, Mar 17th, 2009 @ 5:16am

    Obvious

    They need some sort of obvious test for this type of crap. If it is obvious that Disney should not have filed, they should be fined 10xs the amount in damages that they would have claimed and forced to pay that to to several different non-profit charities.

     

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  8.  
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    Anonymous Coward, Mar 17th, 2009 @ 5:20am

    Boy, if Disney was mad about that I sure hope they didn't watch "South Park" last week.

     

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  9.  
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    Liam, Mar 17th, 2009 @ 5:39am

    blah

    you guys need to keep up, it's already been stated that disney do not own the song, therefore they did not sue, the owner of the song did.

     

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  10.  
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    hegemon13, Mar 17th, 2009 @ 5:49am

    Re: Obvious

    There is. It's called a "frivolous lawsuit." Clearly, this was, but it may not have been declared on by the judge. I think, in this case, the plaintiff party (not Disney, actually) should have to pay all legal fees with interest, plus reimburse the defendant for their time, and pay for any damages. Damages, for an individual, could be time missed from work or business, lost employment, etc. Not sure if it would apply to a corporation. These kinds of bully lawsuits need to be checked. Hard.

     

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  11.  
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    David, Mar 17th, 2009 @ 5:53am

    Hysterical

    As a jewish person, I have to say that this is one of the funniest of the Family Guys ever. I almost crapped my pants when I heard this song. For those of us with no sense of humor, GROW UP!

    This was parody at its best! Thank you Family Guy for again going where others (except South Park) are too chicken feces to go!

     

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  12.  
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    Lucretious, Mar 17th, 2009 @ 6:07am

    Seth McFarland = Win.

     

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  13.  
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    DS78, Mar 17th, 2009 @ 6:36am

    Re: blah

    This is exactly what I thought when I watched that episode. I smell a lawsuit brewin....

     

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  14.  
    identicon
    DS78, Mar 17th, 2009 @ 6:37am

    Re:

    This is exactly what I thought when I watched that episode. I smell a lawsuit brewin....

     

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  15.  
    identicon
    Rob R., Mar 17th, 2009 @ 7:49am

    Seth MacFarland = Win

    The guy deserves to have his name spelled right : )

     

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  16.  
    icon
    Derek Kerton (profile), Mar 17th, 2009 @ 3:59pm

    Re: unless

    ...unless the mis-spelling was parody.

     

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  17.  
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    Gene Cavanaugh, Mar 18th, 2009 @ 12:10pm

    Pinnochio song

    Right on, Michael, though IMO, the real problem is the ridiculous times allowed for copyright (though you can sort of understand; politicians depend on campaign funds, and therefore have to sell their souls to big business or get out of politics).
    If we had campaign finance reform, I'll bet one change would be shortening the length of time for a copyright; say, to 10 - 20 years; and there goes the copyright involved!

     

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  18.  
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    John Doe (profile), Oct 9th, 2009 @ 6:04am

    Re: Re: C'Mon Disney

    Actually, "Whe You Wish Upon a Star" IS owned by the Disney Corporation. THAT's why it's Disney trademarked anthem and opens each film made.

     

    reply to this | link to this | view in thread ]


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