6
votes
Accepted
Parody or Infringement? (United States of America)
The question as worded implies that if something is a parody it is automatically fair use or allowed in US copyright law. This is a myth.
First of all, in a copyright context, the term "parody" is ...
4
votes
Accepted
What are general rules for appropriated logos (Whether you are selling them as a design, or using them for marketing)?
The relevant law is trademark law. The basic question is whether the mark is identical or creates an unreasonable risk of confusion with the protected mark. There is no per se 30%-40% rule. I can ...
3
votes
Accepted
Is it legal to hire an actor to imitate another performance (to which you don't have the rights)?
Short answer
Is it legal to hire an actor to imitate another performance (to which
you don't have the rights)?
Yes. This is probably legal in the context described in the question's fact pattern ...
3
votes
Is it legal use parody products for commercial purposes?
Can I sell below parody T-Shirts?
Sure, you can sell those shirts. But there is no guarantee that your own determination and claim of Fair Use for a parody would prevail in court.
The determination ...
3
votes
When does a fan game fall under parody?
The details of this specific matter are not clear because it appears that Mane6 relented in response to a cease and desist letter, rather than be dragged through court. Since we are not privy to the ...
3
votes
Accepted
How far does parody go in copyright laws in Canada?
It seems that you don’t understand what parody is. If you do understand, please explain how it’s even possible to parody computer code.
What you can do with “open source” code depends on the licence ...
3
votes
Does publishing a copyrighted painting, for the purpose of making fun of the artist, constitute parody? (USA)
First, there's a step missing: parody does not "therefore" allow you to copy protected works. You have to determine whether this is "fair use", where you get in the neighborhood of ...
3
votes
Copying a parody of a movie using a fan's 3D model
Copyright is hard.
The movie has a copyright, and so has its ship model. This is the original copyright.
The boardgame has a token. That thing has its own copyright, no matter if it's a parody of ...
2
votes
Can a YTPMV reupload be taken down by the original YTPMV uploader who has voluntarily removed it from the platform?
I think you're misunderstanding how copyright can be split among multiple people.
In this case, the work is definitely protected by copyright, by everyone who made a substantial contribution. The work ...
1
vote
At what point is using a song's instrumental considered fair use?
How do you parody an instrumental?
Is your arrangement for the kazoo and the calliope withe whoopie cushion noises? Is it a marching band tune that you are scoring for the piccolo and the mouth harp ...
1
vote
To what extent do I have the right to quote other works to parody or reference them?
First of all, nothing that you describe is clearly a parody. Parody is different from making a reference or allusion to another work or including an homage to another work. As a good rule of thumb it ...
1
vote
Copyright infringement of 10 second music clip
The situation you describe could be protected under fair-use law.
For details see In the US, when is fair use a defense to copyright infringement?
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parody × 14copyright × 12
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intellectual-property × 1
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