Brownmark Films lost their appeal after a judge threw out their case in which they accused South Park creators Matt Stone and Trey Parker of copyright infringement for their viral video hit ‘What What (in the Butt)‘.
The makers of ‘What What (in the Butt)’ were delivered yet another blow after an appeal court turned them after they sued claiming that South Park had misappropriated their viral video. The case was thrown out by a Wisconsin federal judge last summer after it was decided that it fell under ‘fair use’ since the 2008 episode ‘Canada on Strike‘ was in fact a parody of the Writer’s Strike from that year along with the viral video sensation. It was thought by many that the South Park placement helped push the video into viral mode.
Today, the appeals court chose not to allow the lawsuit to go any further and three judges decided that the case being thrown out was appropriate. THR brought up a good point in that Viacom, who’s gone after YouTube for copyright infringement wound up winning their own copyright infringement case.
Now Brownmark Films really will be taking (in the Butt) as they have been ordered to pay Viacom’s legal fees. This case was brought up in 2010 so you know those fees will be astronomical and Brownmark much be wishing they’d just enjoyed the celebrity Matt Stone, Trey Parker and South Park gave them briefly.