I have looked for some information on this forum about fair use and parody, but have not found much. Is there a thread that I've missed? I'm in the process of creating a film that will use clips from a movie, but I'm pretty sure that it's covered by the parody. I'd like to do a bit more research about it before going farther, though.
Parody and fair use
- Thread starter Shajenko
- Start date
U. S. Copyright Office on "Fair Use:" http://www.copyright.gov/fls/fl102.html
A pertinent passage:
The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”
A pertinent passage:
The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”
It sure is, because it's a collection of past court decisions. Since the courts interpret the statue and apply it to each specific case, it's basically a box of chocolates: you never know what you're going to get.
Bottom line: tread lightly who use parody. You might win if someone sues you. You might not. And even if you do win, do you have the money to pay lawyers?
Ah, "Parody" covers the CRIMINAL prosecution, but not the CIVIL liability side. In the United States, anyone can sue anyone else for anything. It might not make it past the preliminaries, but you can do it in Civil courts. If someone feels they are "damaged" by the parody, you are not protected from damages, only the criminal aspects of violating copyright.
I am not a lawyer, but I watch a lot of legal TV shows...
TALK TO AN ATTORNEY.
I am not a lawyer, but I watch a lot of legal TV shows...
TALK TO AN ATTORNEY.