From: Dan Allen
Sent: Thursday, September 09, 2004 2:54 PM
To: legaldepartmentthatisscaredofgettingsued@yahoo.com
Subject: Coolio vs. Me
I am a copyright law neophyte, but I really would like to incorporate the phrase, “Ain’t no party like a Mercury Party, cuz a Mercury Party don’t stop…” into my Premium Blend set.
It is a parody of the song – Coolio’s 1-2-3-4 Sumpin’
Listed below are two similar cases, in which, the verdict was ruled in favor of the defendant.
1.) Roy Orbison vs 2 Live Crew
2 Live Crew, the rap group, did a parody of the Roy Orbison song, Pretty Woman, in their own extremely inimitable fashion. (Example: Big hairy woman, you need to shave that stuff) The resulting lawsuit got all the way to the Supreme Court, which came out with a landmark decision in favor of 2 Live Crew
2.) The City of New York vs SNL
“In its entirety, the original song “I Love New York” is composed of a 45 word lyric and 100 measures. Of this only four notes, D C D E (in that sequence), and the words “I Love” were taken and used in the SNL sketch (although they were repeated 3 or 4 times). As a result, the defendant now argues that the use it made was insufficient to constitute copyright infringement.
This Court does not agree. Although it is clear that, on its face, the taking involved in this action is relatively slight, on closer examination it becomes apparent that this portion of the piece, the musical phrase that the lyrics “I Love New York” accompany, is the heart of the composition. Use of such a significant (albeit less than extensive) portion of the composition is far more than merely a De minirnis taking.”
Blah…blah…blah…it goes on for days
Verdict:
Basing its decision on undisputed facts presented by the parties, as well as on a videotaped viewing of the television sketch containing the alleged infringement, the Court finds that the defendant’s use of the plaintiff’s jingle in the SNL sketch was a fair use, and that as a result no copyright violation occurred. Accordingly, the plaintiff’s motion for summary judgment is denied, and the defendant’s motion for surname judgment is granted. Tills action is hereby dismissed.
Source website: Click here
Final Verdict from Comedy Central:
They politely told me to, “Ixnay on the artypay.” The more I researched the phrase, the lamer it became
