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To most of us, we knew the first time that we viewed Jib Jab's animated short that it is an effective parody protected by the fair use doctrine. Even after more thoughtfully examining the issue in the context of copyright law jurisprudence, we saw that Ludlow's position was extremely tenuous. Ludlow Music, however, just now came around, accepting the same conclusion and settling its dispute with Jib Jab. Although the specifics remain undisclosed, Ludlow is backing off on claims of infringement. In exchange, Jib Jab dismissed its suit seeking a declaratory judgment that it does not engage in copyright infringement and that Ludlow misuses its copyright. Jib Jab's complaint also alleged that the original Guthrie work was in the public domain. In the words of senior EFF attorney Fred von Lohmann, "We believe that Guthrie's classic tune, 'This Land Is Your Land,' belongs to all of us now, just like Amazing Grace and Beethoven's symphonies." Obviously, Jib Jab, the attorneys at EFF, and the public at large have much to celebrate. This copyfight is over. EFF press release: |