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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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August 25, 2004

JibJab Aftermath

Posted by Ernest Miller

Joe Gratz uses the end of the lawsuit to lament the death of copyright registration formalities (JibJab Suit Settled).

Chris Cohen, whose original post on the issue (JibJab video: parody or satire?) sparked my initial response, tells Ludlow Music to "get with the program" (Congrats to JibJab!).

EFF Fred von Lohmann adds his thoughts to the end of the lawsuit (This Song Belongs to You and Me)

So Guthrie's original joins the Star-Spangled Banner, Amazing Grace, and Beethoven's Symphonies in the public domain. Come to think of it, now that "This Land is Your Land" is in the public domain, can we make it our national anthem? That would be the most fitting ending of all.

C|Net News has reaction from Ludlow Music, which claims the song is still copyrighted (JibJab beats copyright rap):

Ludlow's chief legal representative, Paul LiCalsi, said on Wednesday that because "This Land" was last copyrighted during a period when the song was technically considered unpublished, Ludlow's rights to the song never lapsed, he said.

"Since there was no official publication after the last copyright, the song is still protected under the law," said LiCalsi, of the Chicago-based firm Sonnenschein, Nath & Rosenthal.

So why did they settle?

Slashdot discusses the issue (JibJab Wins - 'This Land' is Public Domain).

On a related topic, Judge Richard Posner, guest-blogging on Lessig's Blog, discusses the legal distinctions between satire and parody (More on Fair Use, with a Note on Patents).

For all my JibJab coverage: JibJab Archive.

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