Wish Upon a Star Lawsuit Thrown Out
Bourne Co. Loses Copyright Infringement Suit Against Family Guy
Mar 17, 2009
The owners of the classic song "When You Wish Upon a Star" lost their copyright infringement lawsuit against the creators of Family Guy.
United States District Judge Deborah Batts ruled against music publishers Bourne Co. on Monday, saying that Film Roman, Twentieth Century Fox Film Corp., Fox Broadcasting Co., the Cartoon Network and others did not break the law when they turned the Oscar-winning tune into an anti-Semitic spoof.
Bourne filed suit in Manhattan in October of 2007, claiming that the song "I Need a Jew" was a thinly-disguised clone of the hit, which first appeared in the Disney animated film Pinocchio. It earned composer Leigh Harline and lyricist Ned Washington an Academy award for Best Song in 1940, and has since been covered by over 100 artists and orchestras. Bourne alleged that the spoof hurt the song by adding "new anti-Semitic lyrics."
"When You Wish Upon a Star" Spoofed in Family Guy
The song parody appeared in the Family Guy episode "When You Wish Upon a Weinstein." In the show, Peter decides that he needs a Jewish accountant to handle the family finances. After finding a Jewish businessman to help him recover some money lost in a scam, Peter thinks that his son Chris might be smarter if he converted to Judaism, and he takes Chris to Vegas in order to arrange a quickie Bar Mitzvah.
It was first intended for broadcast for Fox back in 2000, but the network declined to air the show, feeling it might be construed as anti-Semitic. Creator Seth MacFarlane claimed the episode's writer, Ricky Blitt, was Jewish, as was one of the voice actors, Ben Stein and two rabbis had given the episode their approval.
"When You Wish Upon a Weinstein" aired on the Cartoon Network on November 10, 2003, and has shown 35 times since then.
Campbell versus Acuff-Rose Decision Helped Set Family Guy Precedent
Using the 1994 Campbell vs. Acuff-Rose Music Inc. precedent, Judge Batts ruled that the lyrics and tone of the Family Guy parody were "strikingly different," and Bourne's copyright doesn't offer protection from parody. Batts said imitation for parody was considered Fair Use, and Bourne had benefited financially from the tune's association with "wholesome" family fare like Pinocchio.
"It is precisely that beneficial association that opens the song up for ridicule by parodists seeking to take the wind out of such lofty, magical, or pure associations," Batts wrote in her decision.
The Campbell vs. Acuff-Rose Music Inc. decision derived from a lawsuit claiming that rap group 2 Live Crew's "Pretty Woman" spoof infringed upon Acuff-Rose's ownership of the song. The Supreme Court eventually ruled against the Nashville-based music publishers.
Carol Burnett Also Lost Family Guy Lawsuit
This isn't the first time Family Guy has won a copyright infringement lawsuit. In March of 2007, comedian Carol Burnett unsuccessfully sued the show after they depicted her iconic "Charwoman" character working in a porn shop. Los Angeles federal court Judge Dean Pregerson dismissed that lawsuit two months later, using Falwell versus Hustler as precedent for his decision.
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