(despite a lack of volcanoes in the fictional ing temple (Peter, being raised Catholic). Family Guy Rhode Island city in which he resides). Peter then decides that his son, Chris, After being chastised by his wife for should become a Jew so that Chris will Creators’ depleting the rainy day fund, Peter heads grow up smart (the episode repeatedly to the local bar to commiserate with his pokes fun at Chris’ lack of “smarts”). Fair Use Wish friends. Peter then hears his friends talking Peter and Chris head to Las Vegas to get about how men with Jewish-sounding last a quickie Bar Mitzvah, which is quickly names helped each of his friends with their stopped (in a scene mimicking the movie Comes True respective finances. So, Peter decides that The Graduate) by his wife. At the end of he “needs a Jew” to help resolve his own the episode, Peter learns that Jews are BY CYDNEY A. TUNE AND JENNA financial mess. just like any other people and that his F. LEAVITT In an almost exact replica of a scene racial stereotyping was wrong. from the Walt Disney movie Pinocchio, Thus, the overall theme of the episode ecently, the U.S. Federal Court Peter gazes longingly out his bedroom is Peter’s childlike belief based on an in the Southern District of window up at a starry sky with one bright inappropriate racial stereotype. The RNew York dismissed a copyright star and sings the song entitled “I Need a creators wrote the song in a manner that infringement case brought against the Jew.” The first four notes mimic those of was intended to evoke the classic Disney creators, broadcasters, and distributors “When You Wish Upon a Star.” During song. A license was initially sought from of the Family Guy television show by Peter’s song, a spaceship magically ap- the plaintiff, Bourne Co., the copyright the owner of the copyright in the Acad- pears and Peter hops onto it and flies to holder of the original song. The license, emy Award-winning song “When You outer space. During this fantasy shot, the however, was refused. The creators pro- Wish Upon a Star.”1 Plaintiff Bourne spaceship magically turns into a flying ceeded anyway under the apparent belief Co. sued the defendants for copyright dreidel and a menorah (both Jewish in- that a license was not required because infringement, alleging that the song struments). Peter finally falls asleep while the use was a parody. “I Need a Jew” was a “thinly-veiled gazing out the window. As if by “magic,” The history of “When You Wish copy” of the music from the world- a knock at the front door awakens him. Upon a Star” is fairly well known. The famous “When You Wish Upon a Star,” It’s a Jewish man, Mr. Weinstein, who song was introduced to the public in the coupled with new anti-Semitic lyrics. needs to use Peter’s phone because his car 1940 version of the Disney movie Pinoc- The matter was before the court on the has broken down. Peter believes that his chio. The film depicts Jiminy Cricket parties’ cross motions for summary judg- wish has come true, as here is the Jewish singing the song while Gepetto looks out ment. In granting the defendants’ mo- man that he wished for. Mr. Weinstein upon a starry sky with one bright star and tion for summary judgment and dismiss- quickly gets Peter’s money back from the wishes for a real boy. The song became ing the complaint, the court held that scamming salesman. Peter and his family an instant hit and won the 1940 Acad- the song “I Need a Jew” was a parody then attend temple with Mr. Weinstein, emy Award for Best Original Song. Since of “When You Wish Upon a Star” and with the brides of Christ (nuns) being 1940, the song has been recorded by over exempt from liability under the fair use activated to come after Peter for attend- 100 different artists, has been included in doctrine of the U.S. Copyright Act.2 THE HISTORY THE SONGS The facts leading up to this case date “I Need a Jew” “When You Wish Upon a Star” back several years to the second season Nothing else has worked so far, When you wish upon a star, of the then soon-to-be canceled Family So I’ll wish upon a star, Makes no difference who you are, Guy television show when the episode Wondrous dancing speck of light, Anything your heart desires “When You Wish Upon a Weinstein” I need a Jew. Will come to you. was developed and produced. The episode was not actually aired during Lois makes me take the rap, If your heart is in your dream, that season because of concerns about its ’Cause our checkbook looks like crap, No request is too extreme, religious content. However, it aired some Since I can’t give her a slap, When you wish upon a star, years later on the Cartoon Network, I need a Jew. As dreamers do. and eventually Fox, and also was sold on DVD compilations of season three as a Where to find Fate is kind, “bonus un-aired episode.” a Baum or Steen or Stein She brings to those who love The episode is about the cartoon father, To teach me how to whine and do The sweet fulfillment of Peter, and his inability to manage his fam- my taaaaaaaaaxes? Their secret longing. ily’s finances. It begins with Peter being swindled by a traveling salesman, which Though by many they’re abhorred, Like a bolt out of the blue, puts his family’s finances into disarray. Hebrew people I’ve adored. Fate steps in and sees you through, Peter is convinced to use the family’s rainy Even though they killed my Lord, When you wish upon a star, day fund to purchase volcano insurance I need a Jew. Your dreams come true. Published in Entertainment and Sports Lawyer, Volume 27, Number 2, Summer 2009. © 2009 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. numerous films and television programs, “wholesome” worldview presented in and The court viewed one layer of commentary and was ranked the seventh greatest song represented by the original song; and (2) to be that “any categorical view of a race of in film history by the American Film because it evoked the song most associ- people is childish and simplistic, just like Institute. The defendants argued that the ated with Walt Disney and his company wishing on a star.” song has been extensively used by Disney and commented on the song while at the The court noted that the visual refer- and is generally associated with Walt same time pointing out Walt Disney’s ence to Pinocchio by the creators makes Disney and his company. This is impor- purported anti-Semitism. The defendants clear “that this is not a case in which tant because part of the parody argument argued that the song turned the inno- the creators simply substituted new lyr- relies on the fact that Walt Disney was cence and sweetness of the idyllic Disney ics for a known song ‘to get attention purported to be anti-Semitic. message on its head by ignorantly con- or to avoid the drudgery in working up something fresh,’” but, rather, that the THE LEGAL ACTION creators were “clearly attempting to com- The major facts in the case were not ment in some way on the wishful, hope- in dispute. The parties both agreed that WHILE PARODY ful scene” in Pinocchio with which the the defendants’ use of the song “When original song is associated. Additionally, You Wish Upon a Star” would be an AND SATIRE SERVE the court found that even if the new song infringement of Bourne’s rights under did not speak as clearly as it did, and the Copyright Act, but for a finding of AN IMPORTANT even if the jokes contained therein were fair use. The parties agreed that the new not funny, the First Amendment would song incorporated musical elements of FUNCTION BY still protect the new song as a parody. the original song in a manner “intended The court also found support for its to evoke” the original song. The parties SHEDDING LIGHT finding of a parody in the inside joke further agreed that at least one purpose about the purported anti-Semitism of of the new song was to “hold bigotry and ON EARLIER WORKS, Walt Disney. The court agreed that people like Peter . up to ridicule.” the creators specifically used the song NOT ALL hUMOROUS because of its association with Walt Dis- IS “I NEED A JEW” A PARODY OR ney’s name and had the character wish SATIRE? COMMENTARIES arE for a Jew, which an anti-Semite would Because the fair use defense is applied clearly never do. In fact, it noted that differently to parodies and to satires, the PERMISSIBLE UNDER this inside joke is particularly relevant court first looked at whether “I Need a COPYRIGHT LAW. because the creators made an additional Jew” is a parody, a satire, or neither. A joke as to Disney’s purported anti-Semi- parody is defined as “a literary or musical tism years later in a different Family Guy work in which the style of an author or episode, but well prior to the instigation work is closely imitated for comic effect of this lawsuit.