Brownmark Sues South Park Over "What What (In the Butt)" Parody

thedeathscythe

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Aug 6, 2010
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This was clearly a parody. The collegehumor inception rip off episode, which I sadly haven't seen yet, I hear is a complete rip off and I'm glad they apologized for it.
 

MadGodXero

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Dec 6, 2009
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-_- There needs to be laws against suing over trivial things. There also needs to be a law supporting insta-taco machines!
 

Treblaine

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Jul 25, 2008
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Stupid as:

1) 3 years too late
2) it's obviously parody
3) the work didn't cause any damages, it popularised and made the video viral
4) it's a viral video, it had no value anyway. Only youtube made any money off it.
 

Something Amyss

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Dec 3, 2008
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dogstile said:
Its south park. When is anything they do not a parody? They killed Justin bieber for christ sake :p
There are limits to what can be considered parody, and copying something move for move is likely to cost them their license to "parody" works in this case.

runedeadthA said:
I'm sure this is a serious claim and blah-de-blah, But unfortunately I cannot take anything called "Brownmark" seriously.
Especially in the context of the song title.

RanD00M said:
Aren't parodies protected under some silly law that I don't know the name of? You know, the reason why Weird Al hasn't gotten into the shit storm of the century.
It's not that simple, actually. Weird Al doesn't copy anything line for line or "pose for pose." Additional bits that help him include: (almost) always getting permission from/working with the artist in question, using his own musicians (Court rulings on use of someone else's musical tracks also probably set up precedent for choreography), and genuinely being relatively inoffensive. There are probably more, too.
 

Superior Mind

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Feb 9, 2009
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While it may be "line for line" and "pose for pose" there is still a key difference:

It's Butters.

I'm fairly sure that this would make it a parody which is protected under fair use, (or something.)

South Park has gone through more serious lawsuits than this one, lawsuits that make this one just seem silly.
 

BENZOOKA

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Oct 26, 2009
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I've got such a positive image of the American legal system.
 

samsonguy920

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Mar 24, 2009
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Look at the bright side, everything seems to point at Trey and Matt winning this, so South Park gets even more notoriety and Brownmark becomes a brownstreak.

Trust Butters, though, to get the boys into trouble again.
 

A Pious Cultist

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Jul 4, 2009
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SnipErlite said:
I think it'll end up being cleared under being a parody though.
Not necessarily, looks like they did a Family Guy and just reproduced it. You can't really parody something humorous that easily, and certainly not just by having South Park characters sing it.

(see: ding fries are done and peanut butter jelly, neither are parodies just straight up reproductions)
 

mireko

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Sep 23, 2010
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Zachary Amaranth said:
dogstile said:
Its south park. When is anything they do not a parody? They killed Justin bieber for christ sake :p
There are limits to what can be considered parody, and copying something move for move is likely to cost them their license to "parody" works in this case.
Except they actually did license the song for use in South Park. The reason Brownmark is giving now is that they licensed the song but not the rights to do a shot-for-shot remake.

So they got the license and this happened two years ago without anyone complaining. I'm not a lawyer by any means, but this whole case seems kind of hopeless.
 

psivamp

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Jan 7, 2010
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runedeadthA said:
I'm sure this is a serious claim and blah-de-blah, But unfortunately I cannot take anything called "Brownmark" seriously.

Also: People Sue to much these days -_-
This. Also, the whole artist permission thing that every third post has mentioned.
 

psivamp

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Jan 7, 2010
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Commander Breetai said:
ZiggyE said:
Wait a minute... someone is suing Viacom for copyright infringement?!

Am I in Soviet Russia?
No, because there copyright infringement sues you.
Damn you, Yakov Smirnoff for the whole "In Soviet Russia,        (noun)                 (verb)        s you."
 

KeyMaster45

Gone Gonzo
Jun 16, 2008
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I kinda have to side with the original video creator on this one. I had never heard of the "what what in the butt" video until south park and after watching thought it was something they'd come up with on their own. It wasn't until several weeks later when I found out they were getting it from a youtube video. (yes despite the theme for that episode)

So yeah, I think this guy is in the right to at the very least get south park to mention him in the episode's credits. Then again its been quite awhile since it originally aired so why go after them now? I mean the guy was on Tosh.0 so how could he not have known south park had lifted it.
 

SnipErlite

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Aug 16, 2009
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A Pious Cultist said:
Not necessarily, looks like they did a Family Guy and just reproduced it. You can't really parody something humorous that easily, and certainly not just by having South Park characters sing it.

(see: ding fries are done and peanut butter jelly, neither are parodies just straight up reproductions)
Mmmm true, but who knows. To be honest, if I were him I just wouldn't give a shit. Come on, it;s from a comedy programme. Ah well...
 

Something Amyss

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Dec 3, 2008
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mireko said:
Except they actually did license the song for use in South Park. The reason Brownmark is giving now is that they licensed the song but not the rights to do a shot-for-shot remake.

So they got the license and this happened two years ago without anyone complaining. I'm not a lawyer by any means, but this whole case seems kind of hopeless.
So you're talking in a circle right around the issue. Parody still won't protect it.

As to the time restraint, I'm not a lawyer but I do have access to the internet and can run a search engine. There's no demand to sue within six months or a year. The time passed in this case is irrelevant and will have no impact. Hardly hopeless. But especially in the context that people are crying "parody" without understanding parody rights. Mostly, that it's some sort of "get out of jail free" card.

That doesn't apply to you specifically. But what you quoted pointed out the line-for-line remake, and you pointed out the fact that it was licensed (unrelated) and he objects to the line for line remake part (Which was what I was pointing out in the first place), so....
 

Dimbo_Sama

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Mar 20, 2009
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RanD00M said:
Aren't parodies protected under some silly law that I don't know the name of? You know, the reason why Weird Al hasn't gotten into the shit storm of the century.
Yeah, parody is protected under fair use. Also, Weird Al does personally ask the artists if its okay to rip them off before he puts his stuff out, so if a Weird Al song shows up it's usually assumed the original writers and performers are cool with it.

Except for 'You're Pitiful' Where the label blocked it, hence it was never commercially released.