Change Legal reports that the copyright infringement case filed by Brownmark Films against Viacom and Comedy Central has been dismissed.
The question in this case was of airing the parody amounted to copyright infringement. The supposed infringement concerned the parody of South Park of the clip What what in the butt (the original and parody video’s can be watched below).
The judge applied the four factor test of “fair use” and determined that a clip that lasts less than a minute in a 25-minute episode was not that substantial and would not ruin Brownmark’s interests.
Moreover, South Park made transformative use of the video. The judge was of the opinion that, by accomplishing “the seemingly impossible”– making the video even more absurd by replacing the African American male singer with a naive and innocent nine-year old boy dressed in adorable outfits.
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“Trademark protection gives freedom to do business.”