HomeUploadUpload DirectHotlinkRandomAbouttheme toggle
Expand

How South Park Saved Fair Use

Views:978
@ReasonVids

'What, What (in the Butt)' set legal precedent protecting free speech rights.

Subscribe: goo.gl/NqjoWI

"I hope that the law students today are having to watch Butters sing 'What, What (in the Butt)' in their classrooms. I hope that’s the legacy in this case," says Parker Higgins, director of copyright activism at the Electronic Frontier Foundation (EFF).

For 19 seasons South Park has provided cutting cultural commentary centered around the foul-mouthed adventures of fourth graders Stan, Kyle, Kenny and Cartman.

And while it’s a cartoon for adults, the raunchy animated show has helped establish an important legal entertainment precedent that expands free speech rights.

"When anybody creates anything basically that thing automatically gets copyrighted and for the most part it can’t be used in certain ways without permission," states Higgins. "But there are some really important exceptions to that rule and there are some really important places where we say actually members of the public no matter who they are can use this thing for all sorts of reasons without getting permission."

In 2010, EFF became unlikely allies with media giant Viacom—the owner of South Park—who was sued by Brownmark Films after a 2008 episode called "Canada on Strike" parodied a popular viral video by musician Samwell.

The case eventually made its way to the Seventh Circuit Court of Appeals where the judges ruled in favor of South Park and Viacom. The ruling has become an important one in entertainment law because it says that a fair use lawsuit can be stopped before going to trial—which can help content creators avoid the huge costs of litigation brought on by frivolous copyright lawsuits.

Eriq Gardner at the Hollywood Reporter notes that the 'What, What (in the Butt)' case has been the most cited in courtrooms across the country in the last five years thanks to the growth of digital content.

"Under the Supreme Court this is the highest precedent that you can have—that this Butters video is fair use," Higgins says. "The thing that’s a little less fun is the fact it can stop lawsuits early. Anything that takes any of those threats off the table—especially at the circuit level—is going to be important for the legal system and for the rights of creators."

Approximately 4 minutes.

Produced by Alexis Garcia. Camera by Alex Manning. Music by Gunnar Olsen and Audionautix.

Click https://reason.com/reasontv/2015/12/17/how-south-park-saved-fair-use for downloadable versions. Subscribe to Reason TV's YouTube channel for daily content like this.

south park
,
butters
,
fair use
,
copyright
,
electronic frontier foundation (organization)
,
reasontv
,
reason tv
,
reason (magazine)
,
reason.com
,
samwell (musical artist)
    Thumbnail for U.S. Foreign Policy Is Too Militarized9:05
    U.S. Foreign Policy Is Too Militarized
    ReasonVids
    967 views
    Thumbnail for Remy's Occupy Wall Street Protest Song2:49
    Remy's Occupy Wall Street Protest Song
    ReasonVids
    988 views
    Thumbnail for 🔴 Heavy Rain and Thunder Sounds for Sleeping - Black Screen | Perfect Thunderstorm for Rest, Live | Relaxing Music Collection1:00
    🔴 Heavy Rain and Thunder Sounds for Sleeping - Black Screen | Perfect Thunderstorm for Rest, Live | Relaxing Music Collection
    invidious
    77 views
    Thumbnail for Cable management...you had one job.0:25
    Cable management...you had one job.
    AOU
    1319 views
    Thumbnail for Okay, this is single-handedly the best piece of content to ever be made.0:28
    Okay, this is single-handedly the best piece of content to ever be made.
    AOU
    1760 views
    Thumbnail for Ship of Fools (1965) -- A varied group of passengers boarding a ship bound for pre-WWII Germany represents a microcosm of early 1930s society2:29:29
    Ship of Fools (1965) -- A varied group of passengers boarding a ship bound for pre-WWII Germany represents a microcosm of early 1930s society
    bestofvoatxyz
    743 views
    Thumbnail for Does Authenticity Set You Free in Life? | Captainese47:52
    Does Authenticity Set You Free in Life? | Captainese
    invidious
    125 views
    Thumbnail for 雙天之守護者 先抽一單 然後打級別對戰《Pokémon TCG Pocket》 | Smite 史邁3:16:34
    雙天之守護者 先抽一單 然後打級別對戰《Pokémon TCG Pocket》 | Smite 史邁
    invidious
    94 views
    Thumbnail for The State of Jefferson Moves One Step Closer to Reality2:14
    The State of Jefferson Moves One Step Closer to Reality
    ReasonVids
    1050 views
    Thumbnail for The ramen shop in Tokyo with the weirdest name | Japan Eat0:58
    The ramen shop in Tokyo with the weirdest name | Japan Eat
    invidious
    110 views
    Thumbnail for The End of the World0:35
    The End of the World
    bestofupgoat
    559 views
    Thumbnail for Exploited Memes10:22
    Exploited Memes
    murdochmurdoch
    1459 views
    Thumbnail for Tornado & Gorilla Hail Storm Chase in Kansas & Iowa | Reed Timmer3:50:57
    Tornado & Gorilla Hail Storm Chase in Kansas & Iowa | Reed Timmer
    invidious
    287 views
    Thumbnail for A small slice of heaven2:12
    A small slice of heaven
    bestofupgoat
    194 views
    Thumbnail for Well look at this honest poll counter!!!0:22
    Well look at this honest poll counter!!!
    AOU
    1535 views
    Thumbnail for AI with some advice for Joe Biden and the Democrats0:12
    AI with some advice for Joe Biden and the Democrats
    bestofsaidit
    808 views
    Thumbnail for Anon is an asiring rapper1:17
    Anon is an asiring rapper
    bestofvoatxyz
    819 views
    Thumbnail for The Fog, parasites releasing parasites 0:56
    The Fog, parasites releasing parasites
    bestofupgoat
    218 views
    Thumbnail for They worked so hard to save the deer 👏 👏 | We Love Animals2:58
    They worked so hard to save the deer 👏 👏 | We Love Animals
    invidious
    170 views
    Thumbnail for Vaccine Passport0:55
    Vaccine Passport
    AOU
    2117 views
    Thumbnail for China building the world's superhumans from the DNA up.18:07
    China building the world's superhumans from the DNA up.
    AOU
    1766 views
    Thumbnail for Halo 3 - Team Slayer - Guardian (XBOX ONE) | Mystical Gaming8:30
    Halo 3 - Team Slayer - Guardian (XBOX ONE) | Mystical Gaming
    invidious
    471 views
    Thumbnail for Greatest camera man ever 😭 | John Casterline0:26
    Greatest camera man ever 😭 | John Casterline
    invidious
    172 views
    Thumbnail for The cap is still on...0:23
    The cap is still on...
    AOU
    1597 views
    Thumbnail for These WATERMELON CANDLE treats are sweet fun! | Little Remy Food 🐭🍝0:23
    These WATERMELON CANDLE treats are sweet fun! | Little Remy Food 🐭🍝
    invidious
    212 views

points

Permalink
Reply
south park
,
butters
,
fair use
,
copyright
,
electronic frontier foundation (organization)
,
reasontv
,
reason tv
,
reason (magazine)
,
reason.com
,
samwell (musical artist)
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle