Could this situation be claimed as "Fair Use?"

[mus]

This is a hypothetical situation, say someone were to record footage of a puppet show, one where the owner has a copyright and would clearly recognize his characters.

Could the filmmaker use this footage in a commercial work, if citing fair use, were there to be any infringement claims?

If not, would dubbing the voice of the puppets constitute as parody? (Assuming the commercial work is a comedy)

 

[PaulGriffith]

You couldn't use that performance footage at all, dubbed or not, without permission.

For it to be parody, you'd need to recreate the characters but even then it's a thin line.

 

[mus]

Thank you. I was settling a debate.

 

[Zensteve]

Could the filmmaker use this footage in a commercial work, if citing fair use, were there to be any infringement claims?

I am not a lawyer, nor do I give legal advice. That said, I do not think "fair use" sounds appropriate for this hypothetical situation.

If not, would dubbing the voice of the puppets constitute as parody?

Is your hypothetical film actually a parody of aforementioned puppet show?

 

[mus]

It's just something one of my actors thinks we can put in one of our sequences somehow, if we were to record it, I told him we can't.

 

[Zensteve]

would dubbing the voice of the puppets constitute as parody? (Assuming the commercial work is a comedy)

Parodies are not necessarily funny or comedic, fwiw.

(Just addressing the edited-in bracketed part)

 

[mus]

Neither is a random shot of a certain famous puppet group saying racist things, which I never thought I'd have to debate with anyone about.

(Unless I was talking to a Family Guy writer, or something.)

LOL

 

[directorik]

It's just something one of my actors thinks we can put in one of our sequences somehow, if we were to record it, I told him we can't.

So this isn't hypothetical?

 

[mus]

So this isn't hypothetical?

It's hypothetical because it's never going to happen.

The scene will never be shot or used

 

[directorik]

What "Fair Use" is and how it's used is quite clear. This hypothetical
doesn't fit fair use. Parody, on the other hand is less clear and still
often in court. This hypothetical might fit as parody.