Decision of Note: Carol Burnett Loses Claims over TV-Show Parody

The U.S. District Court for the Central District of California decided that the brief inclusion ' in a segment of the animated TV-series 'Family Guy' ' of a 'Charwoman'-like character from and a theme similar to the 'Carol Burnett Show' constituted a copyright fair use. Burnett v. Twentieth Century Fox Film Corp., CV 07-01723 DDP. Under the fair-use test of Sec. 107 of the Copyright Act, the district court noted: 'As defendant correctly notes, it is immaterial whether the target of Family Guy's 'crude joke' was Burnett, the Carol Burnett Show, the Charwoman, Carol's Theme Music or all four. The eighteen-second clip of the animated figure resembling the 'Charwoman,' mopping the floor next to 'blow-up dolls,' a rack of 'XXX' movies, and 'video booths' in a porn shop is clearly designed to 'imitate[ ] the characteristic style of an author or a work for comic effort or ridicule.' ' The episode at issue put a cartoon version of Carol Burnett/the Charwoman in an awkward, ridiculous, crude, and absurd situation in order to lampoon and parody her as a public figure.'

The court, commenting on the impact of the defendant's use on the potential market for Burnett's copyright interest, noted that 'commercial substitution is not likely in this case. Defendant is correct that the market demand for a non-parodic use of the Charwoman would not be fulfilled by a use that has the character in front of 'blow-up' dolls and 'XXX movies' ' [P]laintiffs raise the issue that the Family Guy's use of the Charwoman inflicts harm on the good will and reputation associated with the copyrighted work. However, a 'parody may quite legitimately aim at garroting the original, destroying it commercially as well as artistically.' '

Burnett alleged a claim under the federal Lanham Act of likelihood of public confusion as to her affiliation with or sponsorship of the 'Family Guy' segment. But the district court emphasized that 'no reasonable viewer would mistake the Charwoman or Carol Burnett as anything other than the target of a Family Guy parody.'

U.S. District Judge Dean D. Pregerson concluded with an editorial on the state of American entertainment. 'Carol Burnett is an icon in American culture as is her character the 'Charwoman,' ' the judge wrote. 'The Court has no doubt that she is, and rightly so, well known, respected, and beloved by a large segment of the American public based upon her persona and her outstandingly successful entertainment career. The Court fully appreciates how distasteful and offensive the segment is to Ms. Burnett. [The 'Family Guy segment also contained a crude reference to Burnett's father] ' To some extent this dispute is indicative of just how far the 'new media' has come from the 'old media.' The old media harkens back to days when crude jokes and insensitive, often mean-spirited, programming was perhaps found in live night club performances but was not present on television. In the new media, any self- imposed restraint essentially has been eliminated ' As Ms. Burnett well knows, it takes far more creative talent to create a character such as the 'Char- woman' than to use such characters in a crude parody. Perhaps Ms. Burnett can take some solace in that fact.'

But Judge Pregerson ended by reminding that 'the law, as it must in an open society, provides broad protection for the defendant's segment.'

The U.S. District Court for the Central District of California decided that the brief inclusion ' in a segment of the animated TV-series 'Family Guy' ' of a 'Charwoman'-like character from and a theme similar to the 'Carol Burnett Show' constituted a copyright fair use. Burnett v. Twentieth Century Fox Film Corp., CV 07-01723 DDP. Under the fair-use test of Sec. 107 of the Copyright Act, the district court noted: 'As defendant correctly notes, it is immaterial whether the target of Family Guy's 'crude joke' was Burnett, the Carol Burnett Show, the Charwoman, Carol's Theme Music or all four. The eighteen-second clip of the animated figure resembling the 'Charwoman,' mopping the floor next to 'blow-up dolls,' a rack of 'XXX' movies, and 'video booths' in a porn shop is clearly designed to 'imitate[ ] the characteristic style of an author or a work for comic effort or ridicule.' ' The episode at issue put a cartoon version of Carol Burnett/the Charwoman in an awkward, ridiculous, crude, and absurd situation in order to lampoon and parody her as a public figure.'

The court, commenting on the impact of the defendant's use on the potential market for Burnett's copyright interest, noted that 'commercial substitution is not likely in this case. Defendant is correct that the market demand for a non-parodic use of the Charwoman would not be fulfilled by a use that has the character in front of 'blow-up' dolls and 'XXX movies' ' [P]laintiffs raise the issue that the Family Guy's use of the Charwoman inflicts harm on the good will and reputation associated with the copyrighted work. However, a 'parody may quite legitimately aim at garroting the original, destroying it commercially as well as artistically.' '

Burnett alleged a claim under the federal Lanham Act of likelihood of public confusion as to her affiliation with or sponsorship of the 'Family Guy' segment. But the district court emphasized that 'no reasonable viewer would mistake the Charwoman or Carol Burnett as anything other than the target of a Family Guy parody.'

U.S. District Judge Dean D. Pregerson concluded with an editorial on the state of American entertainment. 'Carol Burnett is an icon in American culture as is her character the 'Charwoman,' ' the judge wrote. 'The Court has no doubt that she is, and rightly so, well known, respected, and beloved by a large segment of the American public based upon her persona and her outstandingly successful entertainment career. The Court fully appreciates how distasteful and offensive the segment is to Ms. Burnett. [The 'Family Guy segment also contained a crude reference to Burnett's father] ' To some extent this dispute is indicative of just how far the 'new media' has come from the 'old media.' The old media harkens back to days when crude jokes and insensitive, often mean-spirited, programming was perhaps found in live night club performances but was not present on television. In the new media, any self- imposed restraint essentially has been eliminated ' As Ms. Burnett well knows, it takes far more creative talent to create a character such as the 'Char- woman' than to use such characters in a crude parody. Perhaps Ms. Burnett can take some solace in that fact.'

But Judge Pregerson ended by reminding that 'the law, as it must in an open society, provides broad protection for the defendant's segment.'