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'South Park' Sued For Copyright Infringement Over 'What, What' Song

The creators of the 'What What (In the Butt)' video are suing 'South Park' for copyright infringement.

Producers are being sued over the 2008 episode titled 'Canada on Strike', in which the character Butters stands in a shot-for-shot recreation of the original viral hit even including the same heart-shaped chocolate that's featured in the original.

According to the lawsuit that Brownmark Films filed, they claim the re-creation of their song -- which was based on an unpublished song by Samwell and featured a man singing about homosexuality and anal sex -- "constitutes direct infringement of Brownmark's exclusive" copyright.

"While primarily intended as a comic art piece, Brownmark Films created the video with hopes of licensing it for wider distribution," the filmmakers say. "The defendants' unwillingness to license the video legitimately amounts to a statement on their part that the artists behind independently produced Internet videos are undeserving of compensation for their work."

Brownmark is seeking a permanent injunction and maximum statutory damages.

However, Comedy Central isn't too worried about the lawsuit because their believe it's fair use.

"Courts have consistently recognized that parody enjoys broad protections under the First Amendment and the Copyright Act. We believe 'South Park's' parody of the 'What What (In the Butt)' viral music video is fully protected against any copyright infringement claims under the fair-use doctrine and the First Amendment and we plan to vigorously defend those rights."

Interestingly, a couple of years ago, the founders of Brownmark said completely surprised by the South Park "homage" and even sent Trey and Matt a thank you for featuring their song on the animated hit.

'South Park' recently came under fire for stealing dialogue from a another bit for its 'Inception' parody, so it's very likely that Brownmark is looking to take advantage of the timing and get a few dollars in its pocket.

Check out the original song as well the 'South Park' parody below:

November 16, 2010 |

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