South Park & the Law

University of Texas Review of Entertainment & Sports Law, Vol. 14, Fall 2012

12 Pages Posted: 20 Sep 2012 Last revised: 15 Apr 2013

See all articles by Kristen Chiger

Kristen Chiger

Barry University - Dwayne O. Andreas School of Law

Date Written: September 19, 2012

Abstract

This article argues that despite copyright infringement concerns, the United States District Court for the Eastern District of Wisconsin properly granted South Park’s motion to dismiss prior to discovery. Part I of this article discusses the television show South Park and its history of creating controversial parodies. Part II gives a background of Brownmark Films, LLC v. Comedy Partners. Part III outlines the Copyright Act and the prima facie elements of a copyright claim. Part IV discusses the fair use defense and its historical application to cases involving parodies. Finally, Part V explains why the decision of the lower court should be affirmed on the appeal of Brownmark Films, LLC v. Comedy Partners.

Keywords: South Park, Law, Intellectual Property, Landsharks, Copyright, IP Law, Parody, Fair Use, Butters, YouTube, What What (In the Butt), Cartoon, Trey Parker, Matt Stone, Eric Cartman, Stan Marsh, Who Killed Kenny, Kyle Broflovski, Faith Hilling, Breading, Tebowing, Memes

Suggested Citation

Chiger, Kristen, South Park & the Law (September 19, 2012). University of Texas Review of Entertainment & Sports Law, Vol. 14, Fall 2012. Available at SSRN: https://ssrn.com/abstract=2149334

Kristen Chiger (Contact Author)

Barry University - Dwayne O. Andreas School of Law ( email )

6441 East Colonial Drive
Orlando, FL 32807
United States

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