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Originally Posted by Nuttyman54
Now I may be wrong here, but I think that parodies are not covered by copyright. Not sure of the details (ie, the lyrics/melody may not be protected but the instrumentals are, etc). Anyone up for checking this?
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Cpoy/pasted from
here.
Parody. The law regarding parodies is based upon the "fair use" doctrine under the U.S. Copyright Act. Under this doctrine, certain uses of copyrighted works, which would otherwise be considered infringing, are permissible.
In 1994, the U.S. Supreme Court decided Campbell v. Acuff-Rose Music, Inc., which involved 2 Live Crew's parody of Roy Orbison's famous song, "Pretty Woman." In determining that the song at issue was a parody, the Court emphasized the "transformative nature" of the parody. The Court did not set forth a bright-line rule for determining when a parody will be protected, but stated that each parody must be judged on a case-by-case basis.
Courts consider four factors in determining whether a parody constitutes fair use and thus is not an infringement:
the purpose and character of use, including whether such use is of commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.
In addition, courts may consider any other relevant factors not specifically enumerated under the Copyright Act. In general, the following principles have emerged from the law on the doctrine of fair use:
Parodies generally enjoy a high degree of protection under the law. Courts generally view parodies as important means of expression that should be protected.
Parodies for nonprofit purposes are more likely to be deemed fair use than those for commercial purposes. This factor, however, is not determinative.
The more the author of the parody changes the original work in creating the parody, the more likely the parody will be considered fair use.
In summary, the law surrounding parodies is factually based. Accordingly, any use of a copyrighted work claiming to be a parody should be reviewed by legal counsel.