# Cthulhu Chick: "Who Will Be Eaten First?" resurfaces **URL:** \ **Category:** Cafe Society\ **Created:** [March 22, 2005, 2:36am UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669 "2005-03-22T02:36:54Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Sample\_the\_Dog](https://avatars.discourse-cdn.com/v4/letter/s/8797f3/32.png) [@Sample\_the\_Dog](https://boards.straightdope.com/u/Sample_the_Dog)\ **Post date:** [March 22, 2005, 2:36am UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/1 "2005-03-22T02:36:54Z")
The classic spoof returns to the Net! The ultimate parody of fundie Christian lit is back. [Who Will Be Eaten First?](http://www.geocities.com/tribhis/cthulhutract.html) Courtesy of The Purple Monkey Mafia [Who Will Be Eaten First?](http://www.genfoods.net/cthulhu/default.html) Mirror Originally posted by Howard Hallis, the parody – which no one could ever mistake for true Chick – was taken down voluntarily as a favor to his Web host, who got some nasty mail from the Chick camp. [ChillingEffects.org](http://www.chillingeffects.org/) has [listed the Cthulu/Chick tract on their site](http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=1226), noting (in part) the following: > [@ChillingEffects.org](#): > > Infringement protects against confusion about the origin of goods. The plaintiff in an infringement suit must show that defendant’s use of the mark is likely to cause such a confusion. Obviously, no one viewing the Cthulhu parody would confuse it with “true Chick”. > [@ChillingEffects.org](#): > > If a copier’s use supplants demand for the original work, then it will be very difficult for him or her to claim fair use. On the other hand, if the use does not compete with the original, for example because it is a parody, criticism, or news report, it is more likely to be permitted as “fair use.” Obviously, the Cthulhu tract will never be used by anyone who intends to distribute Chick-like material as a substitute for the real McCoy. > [@ChillingEffects.org](#): > > Fair use permits, in certain circumstances, the use or copying of all or a portion of a copyrighted work without the permission of the owner. Copyrighted works may be used for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. > > \ > > Parody may be protected by fair use where the user is actually making a comment on or criticism of the copyrighted material, even if a profit is made from the use. > > \ > > Examples of activities that may be excused as fair use include: distributing copies of a section of an article in class for educational purposes; providing a quotation in a book review; and imitating a work for the purpose of parody or social commentary. > > \ > > It is likely that a bona fide parody that does not usurp the market for plaintiff’s work or unfairly free ride on plaintiff’s work will be protected as a fair use. Courts have held that the fair use defense can protect a parody of a copyrighted work from an infringement claim. > > \ > > If the parody dampens the market for the copyrighted work as a result of its implicit criticism of the work, such a negative effect on the market does not render such use unfair. “Who Will Be Eaten First” is an obvious parody, and represents only a small portion of the Chick body of work. So bravo! to Purple Monkey et al for reviving this classic. I’ll be keeping an eye on how things progress. In the meantime, Dopers, enjoy! ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [March 22, 2005, 3:32am UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/2 "2005-03-22T03:32:43Z")
The art **does** look a lot like Chick’s. ---
**Author:** ![Ike\_Witt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ike_witt/32/283_2.png) [@Ike\_Witt](https://boards.straightdope.com/u/Ike_Witt)\ **Post date:** [March 22, 2005, 3:55am UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/3 "2005-03-22T03:55:45Z")
> [@BrainGlutton](#): > > The art **does** look a lot like Chick’s. Maybe, but how many people have said ‘fuck’ in a Chick track? ---
**Author:** ![Sample\_the\_Dog](https://avatars.discourse-cdn.com/v4/letter/s/8797f3/32.png) [@Sample\_the\_Dog](https://boards.straightdope.com/u/Sample_the_Dog)\ **Post date:** [March 22, 2005, 4:09am UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/4 "2005-03-22T04:09:07Z")
> [@BrainGlutton](#): > > The art **does** look a lot like Chick’s. The art is Chick’s. Hallis “sampled” the art for a parody, in much the same way that Alice Randall [used parts of Margaret Mitchell’s work](http://archives.cnn.com/2001/fyi/news/04/13/wind.done.gone/) to produce “[The Wind Done Gone](http://www.answers.com/topic/the-wind-done-gone)”. Randall’s case was settled, but the prevailaing opinion was that the Mitchell estate had little chance of winning their case. (They are notoriously jealous of their IP and would not likely have settled if they thought they had a chance of prevailing, especially since this was a high-profile “wedge” case.) As noted by [ChillingEffect.org](http://ChillingEffect.org), outright copying of parts of a work may be protected by fair use. One of the legitimate “fair uses” is reproducing parts of a work without permission for the purposes of commentary or parody. ChillingEffect goes on to note that “The plaintiff in an infringement suit must show that defendant’s use of the mark is likely to cause… confusion” over whether the word is that of the author being parodied (in cases of use for satire). In other words, that someone might think the work is original, not a spoof. The ChillingEffect site deals specifically with the practice of outright copying under fair use, in cases of parody (as here) as well as use of excerpts (such as photocopies) in the classroom or for reviews or commentaries (such as clips played on movie review shows), although I haven’t reprinted the entire cite. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [March 22, 2005, 5:03am UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/5 "2005-03-22T05:03:59Z")
Here’s a whole site of Chick parodies: [http://www.weirdcrap.com/chick/](http://www.weirdcrap.com/chick/) And here’s another: [http://members.tripod.com/monsterwax/chickparody.html](http://members.tripod.com/monsterwax/chickparody.html) Of course, Chick’s own stuff ([http://www.chick.com/catalog/tractlist.asp](http://www.chick.com/catalog/tractlist.asp)) is usually even funnier. ---
**Author:** ![Tuckerfan](https://avatars.discourse-cdn.com/v4/letter/t/eada6e/32.png) [@Tuckerfan](https://boards.straightdope.com/u/Tuckerfan)\ **Post date:** [March 22, 2005, 5:52am UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/6 "2005-03-22T05:52:47Z")
After I posted [this Pit thread](http://boards.straightdope.com/sdmb/showthread.php?t=241868) on the fact that _Who Will Be Eaten First?_ was no longer to be found on the web, I got a nice e-mail from Mr. Hallis with the “tract” as an attachment. In his e-mail, he cursed the DMCA, which implies to me that it was, in fact, _not_ the Chick camp who threatened legal action, but as **DocCathode** implies in the linked thread, the folks who hold the rights to Lovecraft’s works. The irony that folks who would allow the various schlock movie versions of Lovecraft’s works to be produced, would get their panties in a bunch over someone so viciously savaging a religious nutbag using characters created by Lovecraft is overwhelming to me. ---
**Author:** ![Electronic\_Chaos](https://avatars.discourse-cdn.com/v4/letter/e/bbe5ce/32.png) [@Electronic\_Chaos](https://boards.straightdope.com/u/Electronic_Chaos)\ **Post date:** [March 22, 2005, 6:26am UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/7 "2005-03-22T06:26:23Z")
> [@Tuckerfan](#): > > After I posted [this Pit thread](http://boards.straightdope.com/sdmb/showthread.php?t=241868) on the fact that _Who Will Be Eaten First?_ was no longer to be found on the web, I got a nice e-mail from Mr. Hallis with the “tract” as an attachment. In his e-mail, he cursed the DMCA, which implies to me that it was, in fact, _not_ the Chick camp who threatened legal action, but as **DocCathode** implies in the linked thread, the folks who hold the rights to Lovecraft’s works. The irony that folks who would allow the various schlock movie versions of Lovecraft’s works to be produced, would get their panties in a bunch over someone so viciously savaging a religious nutbag using characters created by Lovecraft is overwhelming to me. I surely thought Lovecraft’s work was in the public domain by now. Especially since I have a hyperlink to the complete works of his. ---
**Author:** ![HPL](https://avatars.discourse-cdn.com/v4/letter/h/3da27b/32.png) [@HPL](https://boards.straightdope.com/u/HPL)\ **Post date:** [March 22, 2005, 7:06am UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/8 "2005-03-22T07:06:12Z")
> [@xgxlx](#): > > I surely thought Lovecraft’s work was in the public domain by now. Especially since I have a hyperlink to the complete works of his. It’s supposed to be, but certain publishers have a tendency to threaten lawsuits againest those they percieve to be cutting into their business by making it free. And nobody really has the resources to fight them when they do, even if they don’t have a legal leg to stand on. ---
**Author:** ![Sample\_the\_Dog](https://avatars.discourse-cdn.com/v4/letter/s/8797f3/32.png) [@Sample\_the\_Dog](https://boards.straightdope.com/u/Sample_the_Dog)\ **Post date:** [March 22, 2005, 12:06pm UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/9 "2005-03-22T12:06:57Z")
Thanks for the correction, **Tuckerfan**. I made the same assumption re Lovecraft as did **xgxlx** , and so didn’t do my homework. Bad dog! :smack: Also, any claim of infringement by the Lovecraft group in this case would be obviously laughable, so it never occurred to me. > [@HPL](#): > > And nobody really has the resources to fight them when they do, even if they don’t have a legal leg to stand on. Aye! There’s the rub. ---
**Author:** ![Scott\_Plaid](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Scott\_Plaid](https://boards.straightdope.com/u/Scott_Plaid)\ **Post date:** [March 22, 2005, 1:08pm UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/10 "2005-03-22T13:08:29Z")
Is there no legal defense that involves the fact that while HPL was alive, he allowed everyone to set stories in his universe? P.S. I sent out a letter asking “Eaten First’s” author if he would care to redraw the illustraions. That would take care of the chick problem, but I guess there is no chick problem after all. ---
**Author:** ![Sample\_the\_Dog](https://avatars.discourse-cdn.com/v4/letter/s/8797f3/32.png) [@Sample\_the\_Dog](https://boards.straightdope.com/u/Sample_the_Dog)\ **Post date:** [March 22, 2005, 1:16pm UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/11 "2005-03-22T13:16:02Z")
> [@Scott\_plaid](#): > > I guess there is no chick problem after all. Speak for yourself, pal. 😉 ---
**Author:** ![Scott\_Plaid](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Scott\_Plaid](https://boards.straightdope.com/u/Scott_Plaid)\ **Post date:** [March 22, 2005, 1:27pm UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/12 "2005-03-22T13:27:45Z")
Youv’e got a chick problem? You have my simpathy. ::giggle:: ---
**Author:** ![Sample\_the\_Dog](https://avatars.discourse-cdn.com/v4/letter/s/8797f3/32.png) [@Sample\_the\_Dog](https://boards.straightdope.com/u/Sample_the_Dog)\ **Post date:** [March 22, 2005, 5:11pm UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/13 "2005-03-22T17:11:38Z")
> [@Scott\_plaid](#): > > Youv’e got a chick problem? You have my simpathy. Let’s put it this way… it’s been a long time since I’d had to ask the question “Who will be eaten first?” Just kidding, folks… no insult to Sample\_the\_B\*\*\*h (“smile when you say that”) intended. ---
**Author:** ![Sample\_the\_Dog](https://avatars.discourse-cdn.com/v4/letter/s/8797f3/32.png) [@Sample\_the\_Dog](https://boards.straightdope.com/u/Sample_the_Dog)\ **Post date:** [March 22, 2005, 5:16pm UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/14 "2005-03-22T17:16:12Z")
> [@BrainGlutton](#): > > Here’s a whole site of Chick parodies Thanks for the links, **BG**. The Subgenius parody… a pop satire of pop religious material that practically parodies itself, using ironic pseudoreligious pop iconography… I think my brains may explode. ::Goes looking for jinnwicked to retrieve duct tape:: ---
**Author:** ![HPL](https://avatars.discourse-cdn.com/v4/letter/h/3da27b/32.png) [@HPL](https://boards.straightdope.com/u/HPL)\ **Post date:** [March 22, 2005, 6:00pm UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/15 "2005-03-22T18:00:50Z")
> [@Scott\_plaid](#): > > Is there no legal defense that involves the fact that while HPL was alive, he allowed everyone to set stories in his universe? I’m not a lawyer, but it’s worth a try. Again, the problem is that nobody who is willing to argue the issue in court has the resources to do so. Any rich lovecraft fans out there want to help us out here? ---
**Author:** ![Tuckerfan](https://avatars.discourse-cdn.com/v4/letter/t/eada6e/32.png) [@Tuckerfan](https://boards.straightdope.com/u/Tuckerfan)\ **Post date:** [March 22, 2005, 6:16pm UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/16 "2005-03-22T18:16:07Z")
When did H. P. Lovecraft die? Because remember the DMCA extended copyright protection to life + 70 years, and it’s possible that if the rights were properly maintianed (i. e. renewal forms were submitted when they were supposed to be, etc.) then the estate still controlled the rights to the works when the DMCA was passed. Additionally, the estate of Mark Twain still apparently holds some control over the _printed_ works of Twain, even though the rights to them as far as copyright law should have lapsed long ago, even if DMCA had been in effect at the time the right’s would have lapsed at the previous “life + 50 years” standard. I say this because many of the Twain books I have, use an imprint in the front of the book indicating an acknowledgement to “The Mark Twain Company” for permission. (And I wonder how copyright law affects _unpublished_ works. Twain’s got a bunch of things that he didn’t want published until hundreds of years after his death.) ---
**Author:** ![N9IWP](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/n9iwp/32/3154_2.png) [@N9IWP](https://boards.straightdope.com/u/N9IWP)\ **Post date:** [March 22, 2005, 6:26pm UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/17 "2005-03-22T18:26:25Z")
While both the DCMA and Copyright extension (aka Sonny Bono act) are IMHO bad, I’m pretty sure there are separate pieces of legislation. (the DCMA deals with trying to bypass copyright technology [e.g., encryption], the copyright extension deals withh all copyrights) Brian ---
**Author:** ![Scott\_Plaid](https://avatars.discourse-cdn.com/v4/letter/s/258eb7/32.png) [@Scott\_Plaid](https://boards.straightdope.com/u/Scott_Plaid)\ **Post date:** [March 22, 2005, 6:43pm UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/18 "2005-03-22T18:43:56Z")
Given the fact that ol’ Howie **did** give permission to use his work druing his life time, perhaps either it still applies, (as I already mentioned), or perhaps the estate of one of his colaboraters can give permission instead. from [http://hplovecraft.com/popcult/mythos/authors.htm](http://hplovecraft.com/popcult/mythos/authors.htm) # Robert Bloch, you know, the writter of Psycho # J. Ramsey Campbell – # Lin Carter – # August Derleth – # Robert E. Howard – # Stephen King – # T.E.D. Klein – # Henry Kuttner – # Frank Belknap Long – # Brian Lumley – # Clark Ashton Smith – Smith incorporated numerous Lovecraftian elements into his fiction and poetry (and Lovecraft returned the favor), and also created many Lovecraft-related paintings and sculptures. # Colin Wilson King wasn’t a contemporary, but I am too lazy to research who lived at the same time an who didn’t. Way too lazy. ---
**Author:** ![minty\_green](https://avatars.discourse-cdn.com/v4/letter/m/f6c823/32.png) [@minty\_green](https://boards.straightdope.com/u/minty_green)\ **Post date:** [March 22, 2005, 8:48pm UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/19 "2005-03-22T20:48:15Z")
It was Chick’s minions who went after “Who Will Be Eaten First?” not the Lovecraft people. Here’s their demand letter: [http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=1226](http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=1226) ---
**Author:** ![Tuckerfan](https://avatars.discourse-cdn.com/v4/letter/t/eada6e/32.png) [@Tuckerfan](https://boards.straightdope.com/u/Tuckerfan)\ **Post date:** [March 23, 2005, 12:46am UTC](https://boards.straightdope.com/t/cthulhu-chick-who-will-be-eaten-first-resurfaces/295669/20 "2005-03-23T00:46:19Z")
Say, **minty** , you’re a legal beagle, IIRC, isn’t there some way you can cornhole (in court, of course) Jack the Jerkwad Chick on behalf of all thinking humans?