Question About The Legality Of Parodies

Way_Moby · Post by **Way_Moby** » Fri Jul 04, 2008 5:48 pm

OK, I heard that parodies fit under USA Fair Use laws, but I was wondering, does one need to pay the original artist if he records a parody. For instance, my band has been working on some parodies, and we really want to get them on iTunes and stuff, but I don't want to get sued for something illegal. What should I do, and more importantly, what is the legal thing to do?

Thanks

Post by **Big Spoon** » Fri Jul 04, 2008 6:47 pm

It's perfectly legal to parody a song. Al just gets permission because wants to keep a friendly relationship with the original artists.

Post by **weird_el** » Fri Jul 04, 2008 7:02 pm

I know Al gets permission and gives credit to the original artists, but I'm pretty sure he pays them a royalty as well.

I seem to recall when the Coolio bruhaha was happening Al said something like -- "I bet he liked his check."

Way_Moby · Post by **Way_Moby** » Fri Jul 04, 2008 7:35 pm

That's the thing, I realize its legal, but do I need to pay royalties as well?

Post by **Big Spoon** » Fri Jul 04, 2008 7:42 pm

You don't have to, but it would be nice to do.

Post by **U62** » Fri Jul 04, 2008 11:45 pm

Big Spoon @ Jul 4 2008, 09:47 AM wrote: It's perfectly legal to parody a song. Al just gets permission because wants to keep a friendly relationship with the original artists.

This is bad information. Al is protecting his ass[ets] just as much as he wants to keep things friendly.

A protected-by-law parody is something that makes fun of the source material. Just changing the lyrics to something funny doesn't qualify, and Al may not have been able to do most of his parodies without having permission from the artist or songwriter.

Although a parody can be considered a derivative work under United States Copyright Law, it can be protected from claims by the copyright owner of the original work under the fair use doctrine, which is codified in 17 USC § 107. The Supreme Court of the United States stated that parody "is the use of some elements of a prior author's composition to create a new one that, at least in part, comments on that author's works." That commentary function provides some justification for use of the older work. See Campbell v. Acuff-Rose Music, Inc.

http://en.wikipedia.org/wiki/Parody

There's a lot of gray area about what qualifies as protected parody and what is just a derivative work. Google is your friend.

U

Post by **Grom** » Sat Jul 05, 2008 3:31 am

Why was I subscribed to this topic when it was only created 10 hours ago, when I was in bed?

Post by **Big Spoon** » Sat Jul 05, 2008 4:32 am

Maybe your set to be automatically subscribed to every topic in General Chat?

Post by **The Doctor** » Sat Jul 05, 2008 4:57 am

Perhaps you're set to Forum Subscriptions, to be notified of new topics.

Post by **Grom** » Sat Jul 05, 2008 5:10 am

Weird, I never subscribed. Oh well, thanks guys.

On with the topic.