Brownmark Films, LLC v. Comedy Partners
800 F. Supp. 2d 991
E.D. Wis.2011Background
- Brownmark Films co-owns WWITB copyright; Ciraldo and Swant assigned their WWITB rights to Brownmark.
- South Park defendants used WWITB in the Canada on Strike episode; Brownmark alleges infringement through distribution in the episode and related media.
- Complaint seeks damages and injunctive relief under 17 U.S.C. § 101 et seq. for copyright infringement.
- Defendants seek dismissal under Rule 12(b)(6) arguing lack of standing and/or fair use defense.
- Court applies Iqbal–Twombly plausibility standard and considers standing and fair use at the pleadings stage.
- Court ultimately grants the motion to dismiss with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brownmark has standing to sue | Brownmark acquired a complete assignment of WWITB rights from Ciraldo and Swant. | Sybersound requires all co-owners to grant exclusive rights; Brownmark lacks exclusive standing. | Brownmark has standing; assignment was complete. |
| Whether the use in Canada on Strike constitutes fair use | Brownmark cannot show fair use; episode uses WWITB in ways beyond parody. | South Park parody transforms WWITB and uses a small portion, consistent with fair use. | Use is fair use; dismissal with prejudice warranted. |
Key Cases Cited
- Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137 (9th Cir. 2008) (co-ownership rights and exclusivity debated; assignment posture discussed)
- Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (U.S. 1994) (parody and transformative use; four-factor test framework)
- Janky v. Lake County Convention & Visitors Bureau, 576 F.3d 356 (7th Cir. 2009) (joint authorship rights; standing and accounting among co-owners)
- Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539 (U.S. 1985) (fair use as an affirmative defense)
- Substance, Inc. v. Board of Education of City of Chicago, 354 F.3d 624 (7th Cir. 2003) (fair use factors are a flexible checklist, not a formula)
- Leadsinger, Inc. v. BMG Music Publ'g, 512 F.3d 522 (9th Cir. 2008) (fair use considerations in appellate context)
- HyperQuest, Inc. v. N'Site Solutions, Inc., 632 F.3d 377 (7th Cir. 2011) (ownership and exclusive rights under § 106; standing considerations)