# Carol Burnett sues Family Guy **URL:** \ **Category:** Cafe Society\ **Created:** [March 16, 2007, 9:56pm UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265 "2007-03-16T21:56:29Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Grrr](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grrr/32/146_2.png) [@Grrr](https://boards.straightdope.com/u/Grrr)\ **Post date:** [March 17, 2007, 8:19pm UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/21 "2007-03-17T20:19:57Z")
Jerry farwell tried to sue for something like this. It didn’t turn out well to say the least. ---
**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\ **Post date:** [March 17, 2007, 8:21pm UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/22 "2007-03-17T20:21:18Z")
Why did they even bother to ask permission in the first place? ---
**Author:** ![Contrapuntal](https://avatars.discourse-cdn.com/v4/letter/c/e274bd/32.png) [@Contrapuntal](https://boards.straightdope.com/u/Contrapuntal)\ **Post date:** [March 17, 2007, 9:26pm UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/23 "2007-03-17T21:26:15Z")
[QUOTE=Marley23] I’m not a Family Guy fan, but criticizing Family Guy for being rude? That’s kinda what they do. [/QUOTE] I’ve never seen more than two or three minutes of the show myself. I wasn’t really criticizing the show. I was confused at what I thought was the OP’s support of the parody. ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [March 17, 2007, 9:35pm UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/24 "2007-03-17T21:35:34Z")
[QUOTE=hajario] Why did they even bother to ask permission in the first place? [/QUOTE] I’m guessing in order to avoid a lawsuit like this. Even if they win (which I’m hoping, and almost certain, they will), it’s gonna be expensive for htem. Carol Burnett’s likeness is not her personal property. Parodies, even crappy parodies, are protected, as well they should be. There is very little to be gained in the public sphere by destroying the right of parody, and a great deal to be lost, inasmuch as parody is a time-honored form of political speech. Daniel ---
**Author:** ![carterba](https://avatars.discourse-cdn.com/v4/letter/c/85e7bf/32.png) [@carterba](https://boards.straightdope.com/u/carterba)\ **Post date:** [March 17, 2007, 10:04pm UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/25 "2007-03-17T22:04:40Z")
[QUOTE=hajario] Why did they even bother to ask permission in the first place? [/QUOTE] They have to ask permission to use the theme song because it’s copyrighted. Since permission was denied, they used a parody instead. If they had used the original without asking permission, they would not have won the ensuing lawsuit. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [March 17, 2007, 11:12pm UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/26 "2007-03-17T23:12:28Z")
[QUOTE=Left Hand of Dorkness] Carol Burnett’s likeness is not her personal property. [/QUOTE] Sure it is. Google “right of publicity.” ---
**Author:** ![mobo85](https://avatars.discourse-cdn.com/v4/letter/m/b19c9b/32.png) [@mobo85](https://boards.straightdope.com/u/mobo85)\ **Post date:** [March 18, 2007, 1:15am UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/27 "2007-03-18T01:15:02Z")
Now that I think about it, Burnett is being kind of hypocritical with this lawsuit- not only did she do a number of parodies of famous movies and TV shows on her show, she’s also used other people’s intellectual property without permission- she would often mimic the trademarked Tarzan yell. ---
**Author:** ![Leaper](https://avatars.discourse-cdn.com/v4/letter/l/4bbf92/32.png) [@Leaper](https://boards.straightdope.com/u/Leaper)\ **Post date:** [March 18, 2007, 2:05am UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/28 "2007-03-18T02:05:25Z")
Vanna White sued Samsung over a ROBOT that RESEMBLED her in front of a board that LOOKED LIKE the Wheel of Fortune board… and won. I wouldn’t be too quick to judge the outcome yet… ---
**Author:** ![Wile\_E](https://avatars.discourse-cdn.com/v4/letter/w/c37758/32.png) [@Wile\_E](https://boards.straightdope.com/u/Wile_E)\ **Post date:** [March 18, 2007, 3:37am UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/29 "2007-03-18T03:37:27Z")
I have mixed feelings. I like Family Guy and I like Carol Burnett (except for that godawful Eunice/Mama’s Family crap\*) but I fail to see how she lost publicity money over that. Were lots of people clamoring to use her charwoman character and couldn’t because Family Guy did? \*Okay, she loses lots of points on the sympathy meter for that mess. ---
**Author:** ![Revtim](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/revtim/32/1042_2.png) [@Revtim](https://boards.straightdope.com/u/Revtim)\ **Post date:** [March 18, 2007, 3:49am UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/30 "2007-03-18T03:49:34Z")
So, Carol Burnett asked for permission from Margaret Mitchell or her estate before she did that famous ‘Gone With The Wind’ parody? ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [March 18, 2007, 3:57am UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/31 "2007-03-18T03:57:30Z")
[QUOTE=Revtim] So, Carol Burnett asked for permission from Margaret Mitchell or her estate before she did that famous ‘Gone With The Wind’ parody? [/QUOTE] I was just going to say this. Carol Burnett used to parody old movies all the time on her own show. Parody is protected free speech. Her case has no merit and she should know better. I can’t believe her lawyers wouldn’t have told she had no shot, so I wonder if she’s just hoping to give Family Guy some bad publicity out of petty spite. ---
**Author:** ![Dr.Rieux](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@Dr.Rieux](https://boards.straightdope.com/u/Dr.Rieux)\ **Post date:** [March 18, 2007, 7:12am UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/32 "2007-03-18T07:12:54Z")
[QUOTE=Cisco] I basically agree, but I hope she loses so parody can continue to be available as a free form of expression for those who have an ounce of creativity. Think of _Family Guy_ as an unfortunate price we have to pay so that other shows can be funny. [/QUOTE] Make up your mind–“those who have an ounce of creativity” and _Family Guy_ are mutually exclusive. ---
**Author:** ![GIGObuster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gigobuster/32/421_2.png) [@GIGObuster](https://boards.straightdope.com/u/GIGObuster)\ **Post date:** [March 18, 2007, 7:38am UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/33 "2007-03-18T07:38:22Z")
[QUOTE=Leaper] Vanna White sued Samsung over a ROBOT that RESEMBLED her in front of a board that LOOKED LIKE the Wheel of Fortune board… and won. I wouldn’t be too quick to judge the outcome yet… [/QUOTE] IANAL, but it seems to me that in that advertisement Samsung could not claim that parody was the objective when the likeness was used, because the objective there clearly was to not pay loyalties for using something very similar to a different program in an attempt to confuse people into thinking Wheel of Fortune or Vanna White approved the message or had a connection to Samsung. In the Family Guy case there is no attempt to create a similar confusion, Carol Burnett is clearly the target of a parody. ---
**Author:** ![JThunder](https://avatars.discourse-cdn.com/v4/letter/j/e95f7d/32.png) [@JThunder](https://boards.straightdope.com/u/JThunder)\ **Post date:** [March 18, 2007, 8:05am UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/34 "2007-03-18T08:05:39Z")
[QUOTE=mobo85] Now that I think about it, Burnett is being kind of hypocritical with this lawsuit- not only did she do a number of parodies of famous movies and TV shows on her show, she’s also used other people’s intellectual property without permission- she would often mimic the trademarked Tarzan yell. [/QUOTE] Was the Tarzan yell actually trademarked? (BTW, even if it was, I don’t think that her usage amounts to a trademark violation. For a violation to occur, there has to be the potential for customer confusion, which could not have happened with her usage.) ---
**Author:** ![mobo85](https://avatars.discourse-cdn.com/v4/letter/m/b19c9b/32.png) [@mobo85](https://boards.straightdope.com/u/mobo85)\ **Post date:** [March 18, 2007, 2:01pm UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/35 "2007-03-18T14:01:07Z")
[QUOTE=JThunder] Was the Tarzan yell actually trademarked? [/QUOTE] The Tarzan yell is a registered trademark of Edgar Rice Burroughs, Inc. (USPTO serial number 75326989, filed December 15, 1988). ---
**Author:** ![JThunder](https://avatars.discourse-cdn.com/v4/letter/j/e95f7d/32.png) [@JThunder](https://boards.straightdope.com/u/JThunder)\ **Post date:** [March 18, 2007, 2:11pm UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/36 "2007-03-18T14:11:00Z")
[QUOTE=mobo85] The Tarzan yell is a registered trademark of Edgar Rice Burroughs, Inc. (USPTO serial number 75326989, filed December 15, 1988). [/QUOTE] If the Tarzan yell trademark was registered in 1988, then Carol Burnett was not necessarily in violation of that trademark. Remember, her show ended in the 1970s. Admittedly, a trademark does not necessarily have to be registered with the US Patent and Trademark Office. My point, however, is I don’t think we can argue strongly that Ms. Burnett violated that trademark – partly due to the date of registry, and partly because there’s no reasonable grounds for customer confusion. ---
**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\ **Post date:** [March 18, 2007, 2:26pm UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/37 "2007-03-18T14:26:59Z")
The best ever example of taking the piss out of your critics was that done by Johnny Speight the writer of _Till Death Us Do Part_ which was ripped off to become _All In The Family_. On finding out that Brit morals campaigner Mary Whitehouse didn’t approve of the show Speight wrote a script in which Alf Garnett (Archie Bunker) was a staunch advocate of Whitehouse’s opinions. ---
**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\ **Post date:** [March 18, 2007, 2:43pm UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/38 "2007-03-18T14:43:52Z")
[QUOTE=Dr. Rieux] Make up your mind–“those who have an ounce of creativity” and _Family Guy_ are mutually exclusive. [/QUOTE] I don’t think you read very carefully there. What I’m curious to know is if any human on earth really thinks a quick reference in a “Family Guy” episode actually cost Carol Burnett two million dollars. Somehow, I doubt it. ---
**Author:** ![Cisco](https://avatars.discourse-cdn.com/v4/letter/c/ccd318/32.png) [@Cisco](https://boards.straightdope.com/u/Cisco)\ **Post date:** [March 18, 2007, 3:47pm UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/39 "2007-03-18T15:47:26Z")
[QUOTE=Dr. Rieux] Make up your mind–“those who have an ounce of creativity” and _Family Guy_ are mutually exclusive. [/QUOTE] I’m pretty sure you misread my post. ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [March 18, 2007, 4:41pm UTC](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265/40 "2007-03-18T16:41:06Z")
[QUOTE=Otto] Sure it is. Google “right of publicity.” [/QUOTE] [Okay](http://www.publaw.com/rightpriv.html) > [@](#): > > The right of publicity is generally defined as an individual’s right to control and profit from the commercial use of his/her name, likeness and persona, which shall be referred to in this article as the “individual’s identity”. Protecting the individual from the loss of commercial value resulting from the unauthorized appropriation of an individual’s identity for commercial purposes is the principle purpose of this body of law. > … > Uniform federal law does not currently protect the individual’s right of publicity > … > The law attempts to strike a balance between an individual’s right of publicity and free speech rights to permit specific uses of an individual’s identity. > … > The newsworthiness exception includes information about the real world and is generally defined to include: … entertainment and amusement concerning interesting aspects of an individual’s identity. > … > The writing of historical novels or other fiction works that are based on actual people and events would not be possible if an individual’s right of publicity legally prohibited such efforts. Courts have generally held that as long as a fictionalized work makes it clear to the reading audience that the work is a one of fiction then there is no infringement of an individual’s right of publicity. Did you google it before suggesting that I did? Of course people have some limited control over the use of their image, but their image is not their personal property, and nothing about the right of publicity chages that. Daniel [Previous page](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265.md?page=1) [Next page](https://boards.straightdope.com/t/carol-burnett-sues-family-guy/396265.md?page=3)