Burnett lawsuit dismissed
comedy legend loses $2 million lawsuit against Family Guy
A Los Angeles federal court judge is throwing out Carol Burnett's $2 million copyright infringement lawsuit against Fox TV show Family Guy.
(Source: www.bcdb.com)
A Los Angeles federal court judge has thrown out Carol Burnett's $2 million lawsuit against the producers of Fox Television's hit animated show Family Guy.
Judge Dean Pregerson gave an initial ruling that he would dismiss the copyright infringement suit against 20th Century Fox Television. He said his final ruling will come later.
The comedy legend filed a copyright infringement lawsuit against the show on March 15, 2007. She claimed producers illegally used Burnett's charwoman character, and a "slightly altered" variation of her theme music, in an 18-second clip. The clip aired in an episode called "Peterotica," which aired on April 23, 2006.
In July of 2005, Burnett's management had turned down a previous request by Family Guy producers to use her likeness and theme music in an episode. After that, the 73-year-old comedy legend claimed that the show's producers had targeted her for ridicule, rewriting the episode "to disparage Ms. Burnett using Ms. Burnett's signature ear tug." Burnett tugs her ear in public appearances as a way of saying 'hello' to her grandmother.
In the episode, several characters from the show are seen entering a porn shop. Peter, the Homer Simpson-esque father, comments that "Wow, you usually expect these places to be dirty."
"Naw, it's pretty clean," replies horny bachelor Glenn Quagmire. "Carol Burnett works here part-time as a janitor."
That's when the viewer sees a cartoon Burnett, in her iconic "Charwoman" blue bonnet and dress, while a variation of the song "Carol's Theme" plays in the background.
Later on, paraplegic Joe Swanson talks about how Burnett used to tug her ear when saying goodnight to her mother (note: it was actually her grandmother).
"I wonder what she tugged to say goodnight to her dad?" cracks Quagmire, going into his trademark dance.
In her lawsuit, the comedienne claimed that "one of her most famous characters was the working class "Charwoman" character, a dusty maid who was distinguished by her blue bonnet, bucket and mop. Indeed, a cartoon character of the "Charwoman" character became one of the trademarks of The Carol Burnett Show (which ran from 1967 to 1978) and was featured in the opening and closing credits.
"Fox's use of Burnett's name and likeness . . . in the 'Peterotica' episode of Family Guy was without Plaintiff's permission or consent . . . As a result of Fox's infringement, (Burnett) has suffered actual damages in an amount to be determined at trial and/or is entitled to minimum statutory damages. Fox has also been unjustly enriched by their unlawful copying, display, use and marketing of the "Charwoman" character and "Carol's Theme" music."
You can see the offending clip by clicking here.
