The tune was used (with amended words) in JibJab's satirical
cartoon of President Bush and Senator John Kerry, which has been
entertaining web users since July.
Ludlow Music, which claims to own the copyright in the song,
threatened to sue; but JibJab's lawyers, from the Electronic
Frontier Foundation (EFF), filed a pre-emptive lawsuit, asking a
court to declare that it was making fair use of the tune, as
permitted by copyright law.
The EFF then claimed that the song had actually been in the
public domain since the early 1970s. The rights group explained
that Woody Guthrie had written his classic American song in 1940,
when the copyright laws granted a copyright term of 28 years,
renewable once for an additional 28.
According to the EFF, the initial copyright term was triggered
when Guthrie sold his first versions of the song as sheet music in
1945. The copyright expired when Ludlow failed to renew its
registration in 1973.
Ludlow, however, believes its copyright - initially filed in
1956 and renewed in 1984 - remains valid and disputes EFF's claims.
Unlike the UK, the US has a system of copyright registration.
Speaking to CNET News.com, Paul LiCalsi, lawyer for Ludlow,
explained that, as the song had been last copyrighted at a time
when it was technically regarded as unpublished, the copyright had
not lapsed.
"Since there was no official publication after the last
copyright, the song is still protected under the law," he said.
But the case has settled. Under the terms of the agreement
JibJab has dismissed its suit against Ludlow and is free to
continue distributing its "This Land" animation without further
interference from Ludlow.
