Portlandia: We Satirize Portland, But If You Satirize Us, We'll Go Legal On You [Updated]

from the put-a-bird-on-it,-dammit dept

Make sure you see the update at the end…

A few months back, a friend of mine pointed me to some YouTube clips of the TV show Portlandia, the Fred Armisen/Carrie Brownstein show satirizing the city of Portland. The show is mildly amusing. However, it appears that someone involved in the show doesn’t like it when anyone satirizes them. Ryan points us to the news that blogger/writer Jenny Lawson, a fan of the show, decided to use the create-your-own-products store Zazzle to make a parody of a Portlandia skit known as Put A Bird On It!.

She created a tote bag, and put a dead dodo bird on it, with the phrase “Put a bird on it!” as well. She also linked to Portlandia, and figured that people would recognize that a dead dodo bird was clearly parodying the Portlandia episode. Apparently, the Portlandia people didn’t get this and issued a takedown.

That’s not where the story ends.

In response, Lawson decided to then mock the takedown itself, with this lovely design:

With it, she included the following text:
And… it took all of a day for Portlandia people to issue a takedown on that as well. This is both lame and idiotic.

It also turns out that Lawson is not one to give up easily, especially when being bullied in a ridiculous manner. She’s now created three new designs — one, two and three, testing just how far Portlandia lawyers want to go in this little dance. Designs below:



Put a herd on it, indeed. Honestly, it makes you wonder what the legal folks involved with Portlandia are thinking. I know it’s made me not particularly interested in watching any more of the show.

Update: Looks like the Portlandia crew themselves didn’t know this was happening. There’s now an update on the post:

Holy crap, y?all. I just got an email from Fred Armisen (co-creater and co-star of Portlandia), telling me that he and Carrie have no clue why those bags were banned, and that they think they?re fabulous. Then he asked how they could help, and he and Carrie offered to sign some of the bags personally. Which explains exactly why I love Portlandia, social media, and birds. I considered making one saying ?Carrie and Fred personally approve of the birds on this bag? (and then have them sign it, along with a notary public), but instead I just suggested that they sign one and auction it off to a charity that rescues birds from crack houses. And we?d call it The GET-A-BIRD-OUT-OF-THERE Auction. No word yet from Fred. It?s possible I may have frightened him.

Cool response to a bad situation that never should have happened in the first place…

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Comments on “Portlandia: We Satirize Portland, But If You Satirize Us, We'll Go Legal On You [Updated]”

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42 Comments
Anonymous Coward says:

From the blog:

UPDATED: Holy crap, y?all. I just got an email from Fred Armisen (co-creater and co-star of Portlandia), telling me that he and Carrie have no clue why those bags were banned, and that they think they?re fabulous. Then he asked how they could help, and he and Carrie offered to sign some of bags personally. Which explains exactly why I love Portlandia, social media, and birds. I considered making one saying ?Carrie and Fred personally approve of the birds on this bag? (and then have them sign it along with a notary public), but instead I just suggested that they sign one and auction it off to a charity that rescues birds from crack houses. And we?d call it The GET-A-BIRD-OUT-OF-THERE Auction. No word yet from Fred. It?s possible I may have frightened him.

Anonymous Content says:

Re: Ignorant as usual.

So in that case I guess everything’s “blatantly ripped off” already, Anonie:

“Drop a mountain on it” – Larry Niven

“Put up or shut up” – common usage

“Put it in the pocket” – common usage

“Put your hands where I can see ’em!” – common usage

“Put a lid on it” – common usage – common usage

“Put a cork in it” – common usage

“Put it out to pasture” – common usage

“Put it where the moon don’t shine” – common usage

btw, your continued arrogance appears to have been blatantly ripped off by about… 100,000,000 people throughout the history of man. Better get your lawdogs on that….

Valkor says:

Re: Ignorant as usual.

You’re not helping by using vague, catch-all words and phrases like “IP”, “rips off”, and “content”. You use one (1) sentence to make an argument and manage to combine fallacies of presumption, sweeping generalization, and irrelevant conclusion in it. Nice job.

Try again, and use an example of a creative work that is inspired by a cultural event or artifact, explained in the context of the specific type of law, i.e., trademark, copyright, patent, or trade secret, and how it is violated.

RobShaver (profile) says:

YouTube is censoring comments ...

I tried to post a comment on YouTube under the video but it apparently was monitoring for the name “Jenny Lawson”. I tried posting it but a captia came up that always failed. I tried six different captia images. I’m sure I got at least one correct. I then tried posting a test message there. That worked. I tried “Jenny Lawson” and, again, captia that never works.

Or maybe I’m just crazy and paranoid.

Fearofmusic says:

When looking at fair use, does American law make a distinction between parody and homage? Because it seems pretty clear, even from the product description, that the first bag wasn’t a parody of what Portlandia was doing. The show was already implying that using bird silhouettes to decorate things was overdone and lazy; the dodo makes the same point. It is mocking the same target with the same slogan and a different image. Portlandia used satire; this seller used homage.
Note: I’m not defending the showrunners’ choice to take legal action here, I’m just wondering if anyone knows: Is homage considered as “fair” as parody and satire, or does there have to be some criticism of the target to make it more “fair”?

Jenny, Bloggess (user link) says:

Just a follow-up

Hi. It’s me…the chick who wrote the original post. You guys are awesome and are cracking me up.

Just wanted to mention that I’ve heard from Fred several times to follow up about it personally. Fred and Carrie are fans of the bags, of small businesses and of independent writers, and they’re following up to make sure that legal isn’t so heavy-handed in the future, while still protecting their rights. Perfect solution, handled in an amazing way, which ended with more people than ever being exposed to their show. Social media for the win.

Galashiels (profile) says:

Design of Business Products

I think the IP lawyers in this case went overboard. Clearly, she wasn’t infringing on on anything. Are words, phrases, & memes now subject to copyright law?

Her business of selling products based on a catchphrase from a satirical show, seems perfectly fine. There are business websites that sell T-Shirts, with satirical commentary on them that have never been attacked by lawyers. Her business shouldn’t have been any different.

Shame on Zazzle for pulling her products, & affecting her business, so quickly without proper investigation.

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