Grinch Scrambles 'Green Eggs and Ham' Mash-up

Screen shot of the defunct DylanHearsAWho.com

via Salon.com (thanks Tony!):

Tangled up in Seuss

When a musician recorded "Green Eggs and Ham" in the voice of vintage Bob Dylan and posted it online, the Grinch estate promptly replied: One fish, two fish, cease and desist.

By Dan Brekke

April 13, 2007 | Kevin Ryan doesn't want to talk about his recent fling with Web stardom. He's a bit rueful and more than a little nervous about it, in fact, and wishes the whole thing would just go away.

If you missed his star turn, here's what happened: Ryan, a 33-year-old Houston music producer and author, went into his home studio and engineered a sort of retro mash-up of two of his favorite artists, Bob Dylan and Dr. Seuss.

Ryan took the text from seven Seuss classics, including "The Cat in the Hat" and "Green Eggs and Ham," and set them to original tunes that sounded like they were right off Dylan's mid-'60s releases. He played all the instruments and sang all the songs in Dylan's breathy, nasal twang. He registered a domain name, dylanhearsawho.com, and in February posted his seven tracks online, accompanied by suitably Photoshopped album artwork, under the title "Dylan Hears a Who."

"Green Eggs and Ham" was set to a tune and arrangement somewhere between "Highway 61 Revisited" and "Subterranean Homesick Blues," complete with Dylan's rushed, occasionally sneering phrasing. Familiar passages are run together in impatient run-ons:

Would you eat them in a box?
Would you eat them with a fox?
Not in a box not with a fox
Not in a house not with a mouse
I would not eat them here or there
I would not eat them anywhere

All this accompanied by an up-tempo electric band, complete with the jaunty skirling of a Hammond organ.

Listen to the MP3:

http://blogfiles.wfmu.org/CM/Dylan_Hears_a_Who_-_Green_Eggs_And_Ham.mp3

It was clever and delightful. Ryan had immersed himself so fully in Seuss' words and Dylan's style that he managed to merge two quite different creative intelligences. Many who have heard the tracks come away convinced they're really listening to Bob Dylan.

Reached in Houston, Ryan confirmed the work was his but declined to speak about it on the record except to say he never expected it to attract any attention. Instead, "Dylan Hears a Who" was quickly picked up by bloggers and the popular Web site BoingBoing and went viral, attracting hundreds of thousands of visitors.

Then Dr. Seuss Enterprises, the La Jolla, Calif., firm that publishes the works of the late Theodor Geisel, heard "Dylan Hears a Who." Only two weeks after word of the site began spreading, Ryan got a cease-and-desist demand from the Seuss lawyers, who said the site and songs infringed the company's copyrights and trademarks. Ryan complied quickly and quietly. Instead of the Dylan/Seuss tracks, visitors to dylanhearsawho.com find a brief message saying the site has been "retired" at the request of Dr. Seuss Enterprises.

If you were caught up in the momentary wonder of how someone could execute such an ingeniously perfect blending of period musical style, '60s attitude and loopy storytelling, it was tempting to see all of this as just another case of a heavy-handed corporate copyright holder -- a master of copyright war, to call on the old Dylan oeuvre -- sticking it to the little guy.

Ryan -- best known as the coauthor of "Recording the Beatles," a meticulous investigation of every track, take and song the group committed to vinyl -- was face-to-face with a company that zealously guards its intellectual property. Losing a copyright-infringement case can be extremely expensive. In addition to the federal law's $150,000 maximum in statutory damages, defendants can find themselves on the hook for the plaintiff's legal fees. (Dr. Seuss Enterprises declined comment on "Dylan Hears a Who," questioning why it was even a subject of interest. Dylan's attorney did not return a call for comment on Ryan's work.)

As it happens, if Ryan was going to get into a fight over the legal limits of parody, he couldn't have run into a better-prepared opponent than Dr. Seuss Enterprises. The company helped write an important chapter in current case law regarding what is and what isn't parody for purposes of fair use. In 1996, Dr. Seuss successfully sued Penguin Books to stop publication of "The Cat NOT in the Hat," a send-up of the O.J. Simpson murder written and illustrated in the Seuss style.

Still, the Copyright Law of the United States was put on the books by the very first Congress not to secure the intellectual property rights of the corporate few, but to "promote the progress of Science and the Useful Arts" -- even when that progress involves a writer, artist or musician lifting words, images or melodies from one source as part of making something new.

So if there was a legal defense for Ryan using Dr. Seuss' words and images -- and Dylan's name and likeness, for that matter -- it probably lay in the Copyright Law's "fair use" exception. The provision, which reaches back at least to early 18th century English law, allows "the fair use of a copyrighted work ... for purposes such as criticism, comment, news reporting, teaching ... scholarship, or research."

What does that mean when it comes to the unlikely trio of Dylan, Seuss and Ryan? [read on...]