Understanding Legal Parodies: Fair Use and Distribution Without Making a Profit
Many creators wonder if they can write and distribute a parody of a song without causing any legal issues. This article delves into the complexities of parodies and how they can be legally protected under fair use laws. We'll explore the case of 2 Live Crew and the famous Court ruling, as well as other examples and practical advice for creating and distributing parodies.
What is a Parody and How Does it Relate to Fair Use?
A legitimate parody is not an infringement of copyright; it is considered fair use under Section 107 of the Copyright Act. This means that as long as a parody is transformative and doesn't aim to profit from the original work, it can be legally distributed. While the use of the original song is a factor considered in the fair use analysis, it is merely one of four factors. The ultimate determination lies with whether the use is transformative, as highlighted in the 2 Live Crew case.
The 2 Live Crew Case: A Supreme Court Ruling on Parody and Fair Use
The landmark case of 2 Live Crew vs. Barry Manilow and Michael Jackson, decided in 1994, is a pivotal example of how a parody can be legally protected under fair use. The group created a rap version of Roy Orbison's "Oh Pretty Woman," changing much of the lyrics while still using the bass riff and first line of the lyrics. The aim was not to make a profit but to critique and comment on the original song. The U.S. Supreme Court ruled in favor of 2 Live Crew, declaring that their work was a fair use.
How a Parody Should Be Structured
A good parody should aim to transform the original work by critiquing or commenting on it. It should be recognizable as a parody of the original and not use the original in a way that turns it into something wholly different. For example, using parts of "Oh Pretty Woman" to write about politics or the President would not be considered a parody under U.S. copyright law. Instead, it would be considered satire.
Examples of Legitimate Parodies
Weird Al Yankovic: A prime example of a legitimate parody is Weird Al Yankovic's "Eat It," which was based on Michael Jackson's "Beat It." Yankovic obtained permission from Jackson to use the original song as the basis for his parody, and even paid full royalties to Jackson for the use of the song. This example underscores the importance of obtaining permissions and understanding the legal requirements.
The Capitol Steps: This is another group that uses familiar copyrighted songs to poke fun at politics. They must obtain permission from the copyright owners to use these songs, as their parodies are not genuine parodies but satirical works. This highlights the distinction between a transformative parody and a satirical work.
Conclusion
Licensed parodies can indeed make money, but in order to do so, they must adhere to the principles of fair use and not infringe on the copyright holder's rights. Understanding the difference between a legitimate parody and a satirical work is crucial. By achieving the right balance, creators can both critique and honor the original work, ensuring their parodies remain protected under fair use laws.