July 29, Jib Jab answered Ludlow Music's threats of suit based on copyright infringement of the original Guthrie song, This Land Is Your Land. In the Northern District of California, Jib Jab asked the federal court for a judgment finding: (1) that its enormously successful animated short, This Land, is protected by the First Amendment and copyright's fair use doctrine; and (2) that Ludlow Music misuses its copyright.

Regarding non-infringement, Jib Jab makes two points. Unsurprisingly, Jib Jab argues that its work constitutes a parodic fair use because it is transformative of the original Guthrie song. More interestingly, however, the parodist jibes that "the copyright on the Guthrie Composition has expired or is invalid." Jib Jab supports its claim with the oft-cited fact that the Guthrie song derives from the Carter Family song, When the World's On Fire. The prayer for relief then asks the court to find that the Guthrie work is not protected by copyright law and/or that it is now in the public domain.

Regarding copyright misuse, Jib Jab contends that Ludlow Music's motivation in seeking the removal of This Land from the Internet, is "to stifle free speech and artistic commentary on the Guthrie Composition." Jib Jab wants the court to find that Ludlow knew or should have known that This Land is a parody protected as a fair use, and not a copyright infringement.

Monetarily, Jib Jab asks the court for damages, attorney fees, and costs; but the real cost of losing could be much greater for Ludlow. If Jib Jab is correct, Ludlow Music will undoubtedly regret ever initiating this copyfight; we will all be able to make parodic and any other use of the Guthrie original.

Download the complaint