"Anti-Semitic" "Family Guy" Song Parody Attracts Lawsuit

Bloomberg:

Twentieth Century Fox was sued by New York music publisher Bourne Co. for using the tune of ``When You Wish Upon a Star'' without permission in an episode of the network's animated satire, ``Family Guy.''

Fox, owned by News Corp., used the melody in a 2003 episode entitled ``When You Wish Upon a Weinstein,'' in which the show's protagonist, Peter Griffin, sings ``I Need a Jew,'' as he laments his troubled finances, lawyers for closely held Bourne said in the complaint.

Fox's broadcast and subsequent DVD sales of the episode have ``harmed the value and reputation of `When You Wish Upon a Star' by associating the famous song with a vile and outrageous anti-Semitic message,'' Bourne said in the complaint, filed today in federal court in Manhattan.

Read the whole story: Bloomberg

Comments

[drblack]

Parody and satire is protected and should be.
This song was made famous by Disney..and walt was a famous racist and anti-semite and probably a pedophile.

[brohammie]

Another stupid lawsuit

[Purple Girl]

This show aired in "03 and they just decided to sue? Short on cash? Seems to me that if they were so upset about the use of the song- or the 'antisemetic' theme they'd been up in arms 4 yrs ago- just waiting for the show to become popular- or is it the political climate they've been waiting for. Please they're not outraged, nor concerned about the infringment in the use of the song- they want money and notoritiy.

[realitytrumpsbull]

Here we go again, cartoon politics...zzzzzzz.......

[larry278]

This gives those with relatives in flyover country yet another good reason to avoid their relatives. TV sucks but it's a sloppy bj.

[groucho]

Could someone please get worked up about something important?
There are almost 4000 dead Americans as a result of this invasion and occupation. There is a massacre of monks in Myanmar and Darfur.
The US has a health care crisis.
New Orleans is still not dealt with, not to mention the bridges and mines.
Could some people just get busy with something important. Anyone with a 3rd grade education, knows Family Guy is TV cartoon, not a documentary. They make fun of everybody. If everyone got their knickers in a knot about parody of themselves (religion, race, sex, sexual orientation) in an obvious parody format, we'd all be even crazier.

[alambique]

I don't see how it can fly. The melody isn't the same. Yes, it's close, and it needs to be, or else the parody wouldn't work.

In comedy, everything is fair game.

[driven989]

#1 Who cares about what Family Guy makes fun of - it's a freakin' cartoon! I mean I much prefer SouthPark anyway...

#2 I know this threat is about family guy but some people seem to be discussing the USS Liberty issue. Let's clear it up:

Yes, that USS Liberty Story is true - completely true, and well documented. Israel purposely attacked an American ship with unmarked fighter jets hoping the US would think it was Egypt, thus dragging the US into the war - ultimately hoping to redraw the map of the middle-east. The Israelis were in cahoots with President Johnson who was aware of this attack in advance, and even called off US fighter planes that were on their way to help the ship after receiving distress signal calls.
It's all well documented and true. 34 Americans were killed by Israel. It's true, it happened, and nothing was ever done about it.

[BamaRainbow]

For the record, I believe that this suit will be tossed out on account that the REAL "villains" in the case are NOT included in the suit (at least, according to the defendants named in the article). MacFarlane did NOT write the song (although he did sing it). The show's writer was Ricky Blitt, along with credited staff writers Jim Bernstein, Alex Borstein, Steve Callaghan and Michael Shipley. It stands to reason that one (or more) of these people wrote the lyrics. As for the music, it's far more likely that the show's regular provider of original music, Walter Murphy, wrote the music. (Murphy's probably best known for his 1976 disco-pop classic, "A Fifth of Beethoven".) If anyone is responsible for the alleged violation, it would be Murphy. MacFarlane has previously stated that Murphy is incredibly good at mimicking styles, or even songs, that the show requires at any given time.
I think that if MacFarlane had written the lyrics to the song but didn't receive a screen credit for it, the show would be in trouble with some of the various entertainment unions and organizations (which have very rigid requirements on TV and film credits and how the producers and/or directors can apply for exemptions to those requirements).

[ClaudiaJean]

a) Family Guy is genius. Seth McFarlane is brilliant. If you don't get the show, you don't get it. If you don't like it, you don't like it. But because YOU don't get it and YOU don't like it, don't dismiss it as beneath you and the writers' stuck in 9th grade. You don't GET it. You don't have to. Just because it flies over your head leaving sonic booms in its wake is no reason to pull the fox & the sour grapes schtick.

b) Prolix24 quote of "This law suite will go nowhere. Boo Hoo, Anti-Semitic, Boo Hoo poor jewish people, soo harmed and all that crap..." is more offensive, obnoxious and racist than anything the writers of Family Guy could dream of since their intent has only ever to make people laugh. You? Little bit scary angry there, bud.

c) While you may be anti-Zionist, anti-Israel and gunning for the US to kick the shit out of them and eradicate all ties with the nation thus ushering in a world of peace and daisies in the middle east, it't ain't gonna happen. Not EVERYTHING that has ANYTHING remotely Jewish in content is a greenlight for you to let go with a littany of quotes, cut & pastes and commentaries denouncing the State of Israel. Find an appropriate site or section of a site or even a story on a site that is the correct place for your opinion. I'm pretty sure there are lots to choose from and none involve Peter, Lois, Brian, Meg, Chris, Stewie or Quagmire.

d) People need to lighten up. Moses.

[ChrisR]

There is nothing in the show that would fly over anyone's head. It's more like something that gets stuck to the bottom of your shoe. Since when is dumbing-down considered genius? Sorry, but even Simpsons and South Park (which can be pretty sick at times) clicked right away. Family Guy is lightweight in comparison.

[ClaudiaJean]

No one is claiming dumbing-down is genius.
What one person finds funny and brilliant, others don't.
if you don't "get it" (and by not "getting it" it's not saying you don't understand, it's saying you don't find it funny) then you don't "get it" -- different strokes.
Simpsons is above reproach.
South Park is brilliant.
I find Family Guy just as amusing.
If you don't like it, you don't like it. Just don't presume its some sort of erudite judgement on the content of the show or those who do.

[Prolix247]

claudia,
This law suite won't go anywhere and I am tired of Jewish people acting as if they are the only ones who persecuted. Can you really say the Israeli's are not racist in their treatment of the Arabs? You see I am of Latin descent and I see my people being persecuted daily in this country.

I also think we should divest from Israel as long as it is an apartheid state. This does not mean I am anti-Semitic or anti-Zionist. It means I have an opinion, just like you.

I was on topic if you read my post. So are you just another bomb throwing ADL hack who has to respond to any negative statement about the "chosen people" with cut and paste rebukes?

You seemed to have found a way to respond to me at the top of the thread instead of below my post which gives a clue of your intent. Get a clue the anti-Semitic slur does not work anymore.

And what is up with the female handle and signing off as Moses?

[ClaudiaJean]

You are way off topic, despite your protests otherwise.
Your response was a knee-jerk cut & paste on Israeli politics and the woes of persecution in a thread that has nothing to do with the topic.
Your response to me is deranged.
My response appeared where it appeared; no intent.
Your reading comprehension also seems to be compromised so let me provide this assist: the law suit (not suite, which would be the office in which said law suit was drafted) is not about an "anti-semitic slur" -- it was about the alleged misuse of a copyrighted song, the lyrics to which were changed and aired on a television network without appropriate paperwork and/or finances addressed; that the claimants believed the song's 'new' lyrics included 'anti-semitic slurs' is NOT the point of the lawsuit (though this site's headline did highlight this aspect.) It wouldn't matter if they'd replaced the original lyrics with Christopher Walken reading the directions on how to use your Pert Plus shampoo -- the lawsuit is about the original song being used without permission.
Your presumption I have anything to do with the ADL, or that someone responding to your thread is a "just another bomb throwing ADL hack who has to respond to any negative statement about the 'chosen people' with cut and paste rebukes" again reaffirms my original reply which is you're trolling this site looking for places to post your anti-Israel political rants and you're prone to bringing up the argument whenever you seen an opening, whether or not it is remotely appropriate or relevant.
Take it to a different site, or on this site to a different thread--one that would actually be a logical location for your opinions.
THE FAMILY GUY thread ain't it, buddy.

[Libsrule]

I'm not sure, but legally isn't Family Guy protected under the "Parody protection" laws? The SCOTUS ruled in the Hustler/Flynt v Jerry Falwell when Falwell sued Hustler for using his name and likeness in a parody stating Jerry got his first sexual initiation from his mother that parody was protected free speech.

AND what is up with asshole who post items that have NOTHING to do with the thread like the asshole above?

I wish Huffpost would permanently ban jerkoffs like the one above and the U.S.S. Liberty. Fucking goddamned assholes.

[poomplet]

I get/read the Trib...the Liberty article made my blood boil, and I'm shocked it's getting so little national play.

And I'm a big Israel supporter, too!

Be this as it may...you cannot make a parody of a copyrighted song without getting permission/licensing....PERIOD!!

Can I take a Melissa Etheridge song...work it into a hilarious rant on clam-slopping dykes & put it on TV without securing permission?

Um...NO!!!!

There's no controversy here. I love this show, but Fox/McFarlane fucked up, and they're gonna pay.

[ClaudiaJean]

The episode title was "When You Wish Upon A Weinstein"... but the actual song was NOT to the tune of "When You Wish Upon A Star."
There's no doubt they were inspired but it wasn't just a parody of that copyrighted song using its lyrics and melody.
Close, but no cigar. Intentionally close? Probably.
But assuming Seth McFarlane is that clueless?
And the suits at Fox were that unaware? Unlikely.
If they'd really used the song, they'd have gone to the writer/publisher, may or may not have asked permission, may or may not have received it but either way, if it was really using the actual song melody and rewriting the lyrics, they would still have to pay.
And this is YEARS old...
I can't see how FOX would let this slide...
And the song is not "anti-semitic" -- it's a parody

[BamaRainbow]

Actually, you CAN make a parody of a copyrighted song without getting permission. It's been done a number of times with one case going to court. The publisher of "Oh Pretty Woman" sued Luther Campbell for his use of that song as the basis of 2 Live Crew's very rude (and crude--but funny) parody. The music is the same (i.e., the melody is the same, but a new performance) but the lyrics--aside from the words "pretty woman"--are different.
Luther Campbell and the other members of 2 Live Crew APPLIED for permission but were refused. They went ahead and did it anyway. Acuff-Rose (the publishers of the original song) sued claiming copyright infringement. The Supreme Court, in a UNANIMOUS decision, supported Campbell and 2 Live Crew. (While it may be dismissed, a Wiki source can be read at http://en.wikipedia.org/wiki/Campbell_v._Acuff-Rose_Music,_Inc. )

[BamaRainbow]

Also, it's worth noting that "Weird Al" Yankovic withheld his classic "Yoda" after being informed by Lucas' lawyers that he couldn't do it. (Only years later did "Weird Al" learn that all he'd needed to do was get Lucas' direct permission and the song would've been okayed. Apparently, George Lucas loved the song and had wondered why he couldn't get a copy of it anywhere. Probably the big difference was that this was very early in Al's career and he didn't want to run the risk of spending all his time in a court fight.) He ran afoul of rapper Coolio about a decade ago when he recorded "Amish Paradise"--a direct parody of Coolio's own "Gangsta's Paradise". Coolio, to say the least, was not amused by the parody. Now, there was the fact that Coolio's own recording had sampled a Stevie Wonder track which meant he didn't really need Coolio's permission for the parody but Al's parody came about from not only Coolio's recording but also Coolio's image (take a look at Al's album, Bad Hair Day on which "Amish Paradise" appeared--Al's sporting some very Coolio-ish braids). Since this appeared not long after the Acuff-Rose suit against Campbell, Coolio couldn't do anything legally against Yankovic but he did issue some "friendly advice" (or a warning, if you wish) to Al that he should make certain their paths didn't cross anytime soon.
As for your Melissa Etheridge example, I'd say that yes, you could do it.

[frantaylor]

Do at least a bit of fact checking before you post:

http://www.publaw.com/parody.html

It's not cut-and-dried either way, so your "PERIOD!!" remark is disingenuous at best.

[Prolix247]

Family Guy is hilarious!!! If you do not appreciate the jokes don't watch. You do not even have to get your lazy a** of the couch, use your remote.

This law suite will go nowhere. Boo Hoo, Anti-Semitic, Boo Hoo poor jewish people, soo harmed and all that crap...

[Rand]

The law suit was brought, not by the "poor Jewish people", but by the music publisher. Some folks don't like others using their copyrighted material

The "family Guy" episode in question was making fun of anti-Semitic attitudes.... Y'know: Like YOURS!

[ClaudiaJean]

Thank you.
Like ALL IN THE FAMILY, those being mocked fail to see themselves as the butt of the joke.
The anti-Jewish, anti-semitic tone -- didn't find it in Family Guy; find it in Prolix247's posts on this site.
Consistently.
Self-Awareness. It would be a beautiful thing.

[AreYouSerious]

This actually makes me laugh b/c the song is hysterical.

We Americans take everything too seriously. It was a joke. People need to laugh at themselves more often, life is too short and we need to be able to shrug off the small stuff.

[ChrisR]

"Family Guy" is a terrible show. I've tried to watch the reruns at 7:30 but can never last more than a few minutes before I hear some really lame, disgusting comment that's meant to be funny. Maybe it will get better when the show's writers enter the 9th grade, but I doubt it.

[knosiswar]

The writers can be clever, but then some really F**ED up Joke just makes me cringe. Just recently, It's was going along, pretty funny, and then some crack about it's as safe as a kid at a Tommy Lee Pool Party, some kid drowned and that's funny, that's disgusting. The show is TRASH.

[BuyRubles]

grow the fuck up.