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Brownmark Films LLC (copyright holder), v. Comedy Partners (South Park) 682 F.3d 687; 40 Media L. Rep. 1821 Facts Defendant makes a video within South Park episode like the What, What (in the butt) (WWITB) viral video on youtube. Defendant knows of the copyright. Defendant supplies both videos to the court. Plaintiff Sues for copyright infringement. Defendant filed motion to dismiss. Issue Does the parody of the South Park version of WWITB warrant a copyright infringement? Court Decision The 7th Circuit Court of Appeals AFFIRMED the district courts decision to grant dismissal to the defendants. Rationale The Court was correct to only use the two works referenced in the plaintiffs amended complaint and attached by the defendants Treated motion as a motion for summary judgement rather than using the videos for incorporated-by-reference in the motion to dismiss. Plaintiff never opposed defendants fair use argument in the district court so the argument was waived on the appeal. Implications In the case it laid the foundation to the procedure that the copyright holder would have to do to prove the damages. Brownmark noted that most courts did not allow the defense given to the Comedy Partners. The 7th Circuit Court though agreed when all relevant facts are presented the court can dismiss a case. So since the Comedy Partners provided the evidence to the case and could easily show that the videos were indeed similar but not the same and used for satire and parody that it was fair use. The court affirming the earlier decision lays the grounds for other

companies and shows to be able to use viral videos in a satiric manner by making a parody of the video.