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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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« The Copyrightability of Messages from Extraterrestrials | Main | Hatch's Hit List #40 - DEF CON »

September 02, 2004

A JibJab Coda

Posted by Ernest Miller

Findlaw's Modern Practice publishes an article analyzing the JibJab case (You Can't Say "Parody" / That Really Scares Me). The article is a good, solid summary of the issues with a handful of occasionally humorous, sometimes groan inducing legal riffs on the JibJab parody:

You can't say [parody] / that really scares me /
sometimes a [lawyer] can / come in quite handy.
The article concludes that, ultimately, JibJab had the stronger case:
Jib Jab has the stronger case, based on the limited nature of Ludlow Music's copyright, the fact that the Jib Jab work is indeed a parody, and the weight of relevant fair use factors.
via Patently Obvious

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