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This song is my song, this song is your song. That’s the agreement reached between the publishers of Woody Guthrie’s classic “This Land Is Your Land” and JibJab Media, creators of an animated Internet short that uses the tune in a comic send-up of President George W. Bush and Sen. John Kerry’s presidential campaigns. Ludlow Music, the song’s publisher, agreed in a settlement Tuesday to allow the cartoon — one of the biggest Internet draws of the summer — to keep using the song. In return, JibJab dropped a lawsuit against Ludlow that had sought an order saying its use of the song was protected because it was a parody and “This Land” was in the public domain. The creators also agreed to provide a link on their Web site to the song’s original lyrics and to donate 20 percent of any profits to the Woody Guthrie Foundation. Since its July 9 debut, the cartoon — in which equal opportunity insults fly — has been viewed by about 20 million people, according to Santa Monica, Calif.-based JibJab. “The settlement accomplished Ludlow’s goals, which was to bring people back to the immediate message of Woody Guthrie,” said Paul LiCalsi, a lawyer for the firm. “JibJab burlesqued the two political candidates, and it had nothing to do with what Woody Guthrie’s original song was about, which was the great riches of this country belonging as much to the underclass and the disenfranchised as they belonged to the privileged.” LiCalsi said JibJab’s version wasn’t protected under copyright law because it targeted the election rather than the song itself. Protection under the fair use clause of the law requires that copyrighted material be the subject of the parody, he said. JibJab’s lawyers said Ludlow was misinterpreting the law and that the song in the cartoon clearly was a parody. “‘This Land’ is known as an iconic song about national unity, and the JibJab parody is predominantly about the lack of national unity at this time,” said Fred von Lohmann, a lawyer for the Electronic Frontier Foundation, which represented JibJab. Ludlow demanded in late July that the company stop using the song. The Electronic Frontier Foundation, a nonprofit group dedicated to protecting Internet expression, signed on to represent JibJab and sued Ludlow in federal court in San Francisco. Copyright 2004 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

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