The Interested Observer

Jokes on the animated sitcom “The Family Guy” ususally go by so fast, only the most astute student of pop culture can catch them all. Well, make that astute students of pop culture and Carol Burnett’s lawyers.

Burnett, a comedic icon has had amazing career that includes her own hit 1970s self-titled TV show. Boomer readers will remember Burnett’s hilarious send-ups of “Gone with the Wind” and “Sunset Boulevard.” She also did a skit of a charwoman in blue cap with a mop and pail. She feels that the charwoman image so represents her that she owns the copyright and trademark rights to the image as well as the theme music from her TV show.
In just one episode of “The Family Guy” a quick homage to Ms. Burnett and her charwoman character and a variation on her theme music (also protected by copyright) is dropped in as Peter and his entourage visit and adult video store. I don’t have a stop watch but the reference can’t last more than 20 seconds. Maybe.

The clip and the accompanying complaint are on the The Smoking Gun Web site.

Burnett alleges that to an ordinary viewer, these 18 seconds — of one of the many throwaway references that makes “Family Guy” so unique is a violation of Section 1125 of the Lanham Act, alleging copyright infringement and trademark dilution, among other things. Her claim maintaints viewers of this particular episode will cause consumer confusion and lead innocent viewers to think that Carol Burnett has some sort of relationship or has given her charwoman’s seal of approval to the Fox sitcom. As a result of this, apparently those who are familiar with Ms. Burnett’s work will now think less of her and more importantly think less of her work.

You think? I mean honestly?

Granted, it’s not the most tasetful reference, but c’mon people. This is the definition of trademark fair use. I wouldn’t even want to hazzard a guess as to the number of people who would shoot their dogs (but not Brian!) to have themselves referenced on “The Family Guy.” Given the show’s demographic, Ms. Burnett’s name and mark may have become familiar to several new generations of viewers. “Family Guy” and Fox may have done more good than harm.

So why the suit? Tastelessness, particularly on “Family Guy” is incredibly subjective and the brief nod to Ms. Burnett (in an adult video store) may have just insulted her personally. As she says in her complaint, perhaps, consumers will really be confused and think Ms. Burnett has some sort of “blue” reputation and will leave viewers unfamiliar with her work with an impression of her that she believes (correctly,I think) is misleading.

Still, her claims sound a little hollow, shrill and dare I say it , humorless. As studio spokesman Chris Alexander told the San Francisco Chronicle “We are surprised that Ms. Burnett, who has made a career of spoofing others on television, would go so far as to sue ‘Family Guy’ for a simple bit of comedy.”

As most of you know by now, and has been confirmed by The Hollywood Reporter, Esq. (isn’t that a great name?) The Academy of Motion Picture Arts and Sciences has asked YouTube to take down all the clips from the Oscar Telecast a few Sundays ago, citing copyright issues.

But not in Spanish, apparently.

The Academy, in its wisdom [sic], scrubbed Jerry Seinfeld’s hilarious introduction to the Best Documentary Film Category which includes a cool riff on movie theatre etiquette. However, a version dubbed in Spanish, survives. But if you’re Spanish isn’t that great you can hear Jerry in English under the voice over.

The Academy may be legally correct in demanding the take-downs, but it’s just so old school. Couldn’t the Academy 1) anticipated this was going to happen ( I mean come on people — Jennifer Hudson and Beyonce singing live, Martin Scorcese finally winning an Oscar, Al Gore — America has TiVo and by gosh they are going to use it); 2) Provided their own clips, which they could have teased for weeks on the site 3) Directed viewers to the ABC or perhaps the Academy Web site to see officially sanctioned highlights. If you can watch Grey’s Anatomy and Ugly Betty on the ABC site, why not some Oscar highlights. And you get to make money from interstitial adversiting, fellas. Oh wait! There are some clips from the Oscars on Oscar.com, but they are you know … lame. And Go Fug Yourself has Oscar fashion complete with the snarky comments we were all saying at home … only you know .. funnier.

Oscar missed a — pardon the expression — golden opportunity– on both its own Web site and on YouTube to provide a second look the actual highlights from the show: the the watercooler clips, like Jerry, Jennifer, Marty and Al. Like it or not, media companies like Viacom and the Motion Picture Academy are going to have to develop media plans that include distributing, relevant clips to the Web, or rent another floor for their soon to be exploding legal department.

Oh, and if you hurry — you can still catch the Scorsese acceptance speech and the Dreamgirls medley. I’m listening to them right this second.

Long, long ago in a galaxy far, far away, we turned on the TV or the radio (and a really long time ago we went to the movies and watched the newsreels). The announcers read the news and as Walter Cronkite used to say “That’s the way it is.”

Those were the days legal scholars refer to as the one to many model. Basically, the media talks and end-users (viewers, listeners, movie-goers) would listen. Sometimes they’d write a letter to the editor of a newspaper, but it didn’t always get printed and the chances of being heard were uncertain.

Which brings us to 2006, the anniversary of Katrina and one Rockey Vaccarella.

Frank Rich’s column  takes a shot at the Vaccerella story in today’s Sunday New York Times. ($$ and registration required so here’s a brief summary):

This is the story of one Rockey Vaccarella, a Katrina survivor who drove a repilica of a FEMA trailer from New Orleans to Washington, allegedly to make a point about the work still needed to be done in the Gulf. He went with a lot of Internet and mainstream media coverage, mostly positive from the his friends and neighbors in Louisiana who were glad “a little guy” was going to D.C. to talk to President Bush about the continued need for aid to survivors one year after the devastation. Instead of being pushed aside, the White House couldn’t get enough of Rockey the Survivor from New Orleans. Warmed by the bright lights of Our Nation’s Capital, Rockey forgot all about  his mission and began to lavish the President with praise tMr. Vaccarella is quoted saying “You know, I wish you had another four years, man,” he said. “If we had this president for another four years, I think we’d be great.”

“President Bush, you’re doing a heckuva job.”

This tableau was apparently enough for CNN. Media Matters helpfully provides a transcript of one of Vaccarella’s on-air interviews with a lead-in by Washington correspondent Ed Henry:

“I asked Rockey, though, about the fact that he lost his job and his home. But he has his praise for the president. Others down in New Orleans don’t have that same praise. And he basically said he thinks it’s because he sees the glass half-full …”

However, CNN didn’t ask how Vaccarella, a manager of several fast food locations, who lost everything a year ago, and whose tribulations were recorded on film last August, financed this mission and so effortlessly pulled it off.

A few pundits and TV crtics snickered at the story, but it was the blogger-pundits who would not accept this story at face value. Shortly after the much publicized meeting, bloggers began questioning the entire incident and eventually reporing that Vaccarella had run as a Republican candidate for the St. Bernard Parish commission in 1999.(The Carpetbagger’s Report, Daily Kos.) and Vaccarella was so confident he’d get a meeting witht he president, he already posted (on his wierdly candidate-like My Space page, no less) when exactly this “little guy” would be dining with the President.

Vaccerella has both supporters and detractors posting comments on the Times-Picayune blog of his travels. Some see him as a hero, others see him as a shill for the President and the GOP. But isn’t that what good journalism in a democratic society is supposed to do? Present both sides and allow readers to make up their own minds? Everyone reports. You decide.

This might also be a good time to point out that Spike Lee’s documentary “When the Levees Broke: A Requiem in Four Acts, premieres on HBO one year after Katrina, Aug 29, 2006 at 8 p.m.