Shut up, you fucking baby

October 15, 2005 5:23 PM

Former Nashville Music Venue Manager Files Lawsuit in Seattle Against Comedian and “Arrested Development” Actor David Cross and Sub Pop Records for Copyrighting his Likeness on “Shut Up, You Fucking Baby!” which was Nominated for a Grammy for Best Comedy Album of the Year in 2003. With video.
posted by mr.marx (33 comments total)

You really do get the feeling, watching "Shut Up, You Fucking Baby!", that David Cross is an absolute asshole.

So, cool. I hope he loses the case.
posted by billysumday at 5:42 PM on October 15, 2005

I get the feeling listening to SUYFB that David Cross is pretty cool. I hope wins. Didn't know SUYFB could be seen on tv. I'll have to look for that.
posted by j-urb at 5:50 PM on October 15, 2005

WeAreNotPayingForHostingThatCanHandleANominalNumberOfWebHits.COM
posted by mr_crash_davis at 6:03 PM on October 15, 2005

I bet Sub Pop settles for an unspecified amount ($10,000).
posted by luckypozzo at 6:06 PM on October 15, 2005

I don't know David Cross, but I did catch him live once, and he was pretty cool to the fans who came up to him afterwards seeking an autograph or just a moment with him. His comedy is acerbic, but who knows if that is indicative of his personality in general.
posted by Tullius at 6:13 PM on October 15, 2005

I'd like to be the first to say to Mr. Weber: "Shut Up, You Fucking Baby!"
posted by photoslob at 6:18 PM on October 15, 2005

This case is important not only because of the unlawful use of Mr. Weber’s actual likeness and voice for profit, but also to hold accountable an arrogant music industry which, itself, regularly sues individuals for downloading music and videos from the internet without paying for it and then claiming copyright infringement. The case seeks to establish that the entertainment industry cannot be allowed to conduct business in this manner and have it both ways. *

Aw, snap!
posted by Ricky_gr10 at 6:27 PM on October 15, 2005

The truth is that the club manager was fully aware that filming was taking place and he consented to it but years after the fact he's trying to distort the situation to his financial benefit. David's lawyers plan to vigorously defend this claim and we're confident that the truth will come out in court." In other words, shut up you fucking baby.
posted by mr.marx at 6:31 PM on October 15, 2005

Well of course Subpop would claim that Weber knew he was being filmed... guess it's a case of he said, she said... uhm, he said. well you get my drift.

But if Weber is right and he didn't know he was being filmed, then I don't care how "cool" David Cross seems, Weber's got a legit claim. You have to consent to be made a clown for someone else's profit.

I always wondered how they convinced those poor, shirtless shlubbs on C.O.P.S to agree to be shown getting smacked around.
posted by saketini99 at 6:43 PM on October 15, 2005

But if Weber is right and he didn't know he was being filmed, then I don't care how "cool" David Cross seems, Weber's got a legit claim. You have to consent to be made a clown for someone else's profit.

That's not true at all.

From what I understand, it's illegal in most states to record someone's voice without their consent. I know that's certainly the case with phone conversations, but I'm not quite sure if it applies to bugging or not.

That said, wether or not you know you are being filmed or recorded makes no difference as to wether or not you consent to let other people copyright and sell your images or recordings. From what I understand you need to sign a release.

Being aware that they are being filmed is not any sort of release at all.

Recently a girl won a big lawsuit from Girls Gone Wild because they didn't have her sign a release, even though it was clear she knew about the camera.
posted by delmoi at 6:55 PM on October 15, 2005

I always wondered how they convinced those poor, shirtless shlubbs on C.O.P.S to agree to be shown getting smacked around.

They probably pay 'em.
posted by delmoi at 6:56 PM on October 15, 2005

I actually quite liked the CD of SUYFB; didn't know there was a video version however.

And I've been a fairly large fan of Mr. Show on DVD. Based on appreciation alone, I'd have to say I'm rooting for David on this one. (The web site's front page also annoys the hell out of me. Lame.)
posted by JHarris at 7:02 PM on October 15, 2005

If there's a less funny standup comedian than Cross, I've never heard him/her. I hope he loses his shirt.
posted by dobbs at 7:34 PM on October 15, 2005

Delmoi-

I get your point about signing a release form, but in this particular case, the one being discussed... I think it would be pretty obvious that if Weber was unaware of being filmed or recorded, then he probably was also not offered a release to sign... uh, right?

Being aware that they are being filmed is not any sort of release at all. Well, then I assume it's more so if you DON'T know right?

So then Weber's got a case.
posted by saketini99 at 7:44 PM on October 15, 2005

I always wondered how they convinced those poor, shirtless shlubbs on C.O.P.S to agree to be shown getting smacked around.

Apparently, many sign willingly, with no compensation offered. Figure that one out.
posted by dhartung at 8:27 PM on October 15, 2005

If there's a less funny standup comedian than Cross, I've never heard him/her. I hope he loses his shirt.

Well, THANK GOD someone finally decided to sue him for not being funny.
Finally, his reign of making some people laugh and other people not laugh will end.
posted by 235w103 at 8:54 PM on October 15, 2005

David Cross is an unfunny asshole, therefore he ought to lose this case.

Good to know the rule of law still applies at Casa de MeFi, for fuck's sake.
posted by aaronetc at 10:16 PM on October 15, 2005

david cross IS an asshole. he's also funny. but even if he weren't, this lawsuit is bullshit, and it should have been dismissed.
posted by shmegegge at 10:37 PM on October 15, 2005

If there's a less funny standup comedian than Cross, I've never heard him/her. I hope he loses his shirt.

Christ, just because you don't like the work of someone doesn't mean they deserve any kind of misfortune.
posted by handshake at 10:44 PM on October 15, 2005

dhartung-

interesting link. I always kinda figured most people do it just for they're 15 minutes, but at the end of this statement is a chilling thought:

The way it works on "Cops" is that signed waivers are required for that show as well. When the people on camera find out that it's for such a largely popular network television program as "Cops," they usually sign on the spot, or at any rate, they sign before the air date. With that particular show, I've heard of some instances where a judge will make it a condition of probation to sign such a waiver.

... a judge will coerce them to sign.
posted by saketini99 at 10:50 PM on October 15, 2005

Remember, David Cross thinks you're gay.
posted by lazy-ville at 11:25 PM on October 15, 2005

I don't think Cross is nearly as funny as a stand-up as he is as a comic actor, but seriously comics are not typically very funny, standingon stage talking is not conducive to being funny, and Cross is less un-funny than most comics.
posted by I Foody at 12:30 AM on October 16, 2005

I guess I can see how some people might find him unfunny, but that little bit about terrorists "hating freedom" and his take down of the Simple Life still cracks me up.
posted by psmealey at 5:34 AM on October 16, 2005

This looks like a case for Bob Loblaw...
posted by Frank Grimes at 7:25 AM on October 16, 2005

Well, THANK GOD someone finally decided to sue him for not being funny.
Finally, his reign of making some people laugh and other people not laugh will end.

^^ almost killed me when I unsuspectingly took a drink of coffee before I read it.
posted by Kimberly at 10:39 AM on October 16, 2005

Having seen the video, it's obvious the club owner is a complete asshole. He gets in an argument with Cross about requiring people to sit down for the show, and Cross winds up being right.

I'd imagine he may have given consent for the filming since they were filming the whole stand-up set for the DVD, but it sounds like a verbal agreement which would be hard to prove if true.
posted by destro at 12:37 PM on October 16, 2005

Despite the fact that I am a 50 year old male who did not vote for Kerry, I think David Cross is very funny. I discovered him on his "Slow Donny" role in the sitcom Just Shoot Me, bought his albums, and like the DVD. (I don't "get" Mr. Show, though.)

But I would say that this lawsuit looks only as legit as Andy Kaufman's female wrestling routine................
posted by centerpunch at 2:02 PM on October 16, 2005

Christ, just because you don't like the work of someone doesn't mean they deserve any kind of misfortune.

But if he loses his shirt then he'll have to get a real job. Probably at McDonald's, which means I won't have to listen to his "jokes" ever again because I'm vegetarian.
posted by dobbs at 5:21 PM on October 16, 2005

Cross has become the very thing he used to lash out against and ridicule 10 years ago. Sad. Typical Hollywood "I can treat normal folks however I want" attitude. His 15 are about up.
posted by mrblondemang at 11:09 PM on October 16, 2005

Is this really serious? The fan mail section ("Oh, cry me a river you whiney little bitch) makes me think not.
posted by armacy at 1:13 PM on October 17, 2005

Is this really serious? The fan mail section ("Oh, cry me a river you whiney little bitch") makes me think not.
posted by armacy at 1:13 PM on October 17, 2005

His 15 are about up.

I doubt it. He may be an asshole, but he's still really funny.
posted by iamck at 1:21 PM on October 17, 2005

Don't know much about Cross, but I do know that Webber (at least who I could only assume was Webber) was a jackass to my friends and I as we packed out their band equipment at closing time after giving them all of about 5 minutes to get their stuff and get out of the Exit/In (which is why they asked me to stick around and help them pack up). He even went so far as to turn off the lights, all but a single bulb over the stage, so that we had to stumble out into the dark, wet Nashville winter night toting expensive equipment in near total darkness.
posted by Pollomacho at 2:52 PM on October 17, 2005