Greetings Iamdakota:
What you are referring to as spoof is also known as parody. Copyright
law makes exceptions for parody in all forms. It's known as "fair
use."
The Fair Use section of the copyright law at the US Copyright office
states:
"§ 107. Limitations on exclusive rights: Fair use38
Notwithstanding the provisions of sections 106 and 106A, the fair use
of a copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for
purposes such as criticism, comment, news reporting, teaching
(including multiple copies for classroom use), scholarship, or
research, is not an infringement of copyright. In determining whether
the use made of a work in any particular case is a fair use the
factors to be considered shall include —
(1) the purpose and character of the use, including whether such use
is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to
the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of
the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of
fair use if such finding is made upon consideration of all the above
factors."
This is located at http://www.copyright.gov/title17/92chap1.html#107
Note: "...for purposes such as criticism, comment, news
reporting, teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement of copyright."
If you spoof/parody a work, you will most probably always be within
your rights, even when using advertising. Also, you'll see above "The
fact that a work is unpublished shall not itself bar a finding of fair
use if such finding is made upon consideration of all the above
factors."
*******
Some popular parody sites that also use advertising are:
Mad Magazine
http://www.madmag.com
Landover Baptist
http://www.landoverbaptist.org
George Bush
http://www.gwbush.com
The Onion
http://www.theonion.com
As I stated in another question "The bottom line is that when you
create a true parody (as seen as such by the courts), then you are
protected. Anyone, of course, may take issue with your parody but, if
suing on this basis was widespread and effective, then popular
magazines like Mad Magazine or sites such as The Onion would have
never existed for long." Those sites parody television shows, movies,
people...anything is fair game for parody. Celebrities, too. :)
Making a parody of the lyrics is normally okay without fear of
prosecution BUT you should get permission from the composer if you
will be using the original music. If you cannot get permission to use
the original music, then write new music by parodying the same *style*
of the music, not the original notes.
*********
OTHER LINKS THAT MAY INTEREST YOU:
THE SEINFELD AND THE WIND DONE GONE CASES: Studies in Fair Use
IVAN HOFFMAN, B.A., J.D.
http://www.ivanhoffman.com/seinfeld.html
US Court of Appeals finds fair use of "Gone With The Wind"'s
copyrightable elements in parody "The Wind Done Gone" and vacates
lower court's restraining order
http://www.wptn.com/crt_007_vol4is5.htm
THE INJUNCTION DONE GONE: FEDERAL APPEALS COURT UPHOLDS ""GONE WITH
THE WIND"" PARODY FAIR USE COPYRIGHT DEFENSE BY DAVID R. ELLIS,
ATTORNEY AT LAW, LARGO, FLORIDA
http://216.239.51.100/search?q=cache:XNs0k3miAl8J:www.easl.net/Documents/Elliswinddonegone.pdf+%22the+wind+done+gone%22+court+finding&hl=en&ie=UTF-8
parody and fair use disclaimer on a web site
http://www.jamesshuggins.com/h/oth1/parody.htm
10 Big Myths About Copyright Explained
http://www.templetons.com/brad/copymyths.html
Parody: Fair Use Or Copyright Infringement by Lloyd L. Rich
http://library.lp.findlaw.com/articles/file/00102/005704/title/subject/topic/intellectual%20property%20law_copyright/filename/intellectualpropertylaw_1_233
Thank you for the opportunity to answer this interesting question!
Best regards,
journalist-ga
SEARCH STRATEGY:
parodying a song
US copyright office fair use
"the wind done gone" court finds
"fair use" copyright parody
parody sites
The Onion
Mad Magazine
Landover Baptist
gwbush.com |
,
0 Comments
)