Brownmark Lawsuit Q & A by

The online news magazine interviewed us about our lawsuit and just published a pretty great Q & A.


Here’s an excerpt: What do you say to people who think your lawsuit will be harmful to free speech in that parody has traditionally been protected by the first amendment?

Brownmark: We understand that fair use is an important legal concept, but the rules need to be more clear. Viacom’s position on fair use is contradictory: whenever they take copyrighted works from someone else, it is fair use; whenever someone takes copyrighted work from them, it’s copyright infringement. We don’t think Viacom should get to operate with a double-standard like that. We don’t want to prevent shows like “South Park” from doing covers of our work, we just want to make sure copyright of independent artists is respected. In this case, we don’t believe what they did counts as parody. There is a common misunderstanding that anything funny equals parody, but that’s simply not the case. At the end of the day, all that was accomplished by South Park’s use of our video was to repeat the same joke that we had already made.


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