Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Entertainment Law & FinanceKickerFeaturesTopicsLitigationSectionsNewsLJN Newsletters

Decision of Note: Carol Burnett Loses Claims over TV-Show Parody

By ALM Staff | Law Journal Newsletters |
June 28, 2007

The U.S. District Court for the Central District of California decided that the brief inclusion ' in a segment of the animated TV-series 'Family Guy' ' of a 'Charwoman'-like character from and a theme similar to the 'Carol Burnett Show' constituted a copyright fair use. Burnett v. Twentieth Century Fox Film Corp., CV 07-01723 DDP. Under the fair-use test of Sec. 107 of the Copyright Act, the district court noted: 'As defendant correctly notes, it is immaterial whether the target of Family Guy's 'crude joke' was Burnett, the Carol Burnett Show, the Charwoman, Carol's Theme Music or all four. The eighteen-second clip of the animated figure resembling the 'Charwoman,' mopping the floor next to 'blow-up dolls,' a rack of 'XXX' movies, and 'video booths' in a porn shop is clearly designed to 'imitate[ ] the characteristic style of an author or a work for comic effort or ridicule.' ' The episode at issue put a cartoon version of Carol Burnett/the Charwoman in an awkward, ridiculous, crude, and absurd situation in order to lampoon and parody her as a public figure.'

The court, commenting on the impact of the defendant's use on the potential market for Burnett's copyright interest, noted that 'commercial substitution is not likely in this case. Defendant is correct that the market demand for a non-parodic use of the Charwoman would not be fulfilled by a use that has the character in front of 'blow-up' dolls and 'XXX movies' ' [P]laintiffs raise the issue that the Family Guy's use of the Charwoman inflicts harm on the good will and reputation associated with the copyrighted work. However, a 'parody may quite legitimately aim at garroting the original, destroying it commercially as well as artistically.' '

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee Image

Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."