PaperDog wrote:
MIke,
FYI: Technically, when an artist takes an existing peice of work and parody's, adds, changes, etc, and ultimately delivers it, the courts call the resulting work a 'derivative'. All derivative work, requires the permission of the original work's author(s). When Al Yankovich parodied Michael jackson's work per se, he had to notify the Jackson camp, obtain their permission ( and probably paid whatever due royalties they demanded) .
Parody is indeed protected free speech, however, authorship/Copyright ownership is also protected.
We all violate it from time to time... Its doubtful that most of it gets pursued, (at least when it occurs outside the circle of mainstream mechanisms) nBut if you ever have doubts, just ask permission to use. If they decline, then its probably a good idea to move on tp something else.
I'm in a pecular situation right now.. My Homemade Remedies video... I used what I thought were stock photos and there is this one where there's a guy with a monicle and top hat selling a bottle of SOS (Snake il Salesman) . I saw this and thought how cool ot woul be to use it in conjunction with the lryics/ etc.
It turns out there is a band in NY that actually uses that photo as their official representation. Whoops... I just violated a Copyright. I don't worry too much about it cause I'll be taking down that video soon, anyway... I'm als guessing those guys stole the pic from somewhere, somebody else...
Well, yes and no.
A derivative work generally requires permission.
A parody does not.
The law can be awfully vague on specifics and is usually decided on a case-by-case basis.
The court decisions are sometimes contradictory.
"Weird Al" asks for permission as a courtesy to the original artists AND as a way to cover his butt if they decide to sue.
He recorded a Billy Joel parody song once called "It's Still Billy Joel To Me".
He just mercilessly rips BJ a new one through the whole song.
There is just no way in Hell that BJ would authorize it.
It is still protected free speech, even though Billy Joel would probably like to have every copy in existence destroyed.
"Weird Al" decided not to sell this song commercially to avoid legal hassles.
It is often found on freebies given to fan club members and aired on the Dr. Demento Show.
If I make McDonald's logo t-shirts that spell "McShitburgers", likewise, they can't touch it.
It is a direct comment on their business and protected by the First Amendment (of THE UNITED STATES CONSTITUTION, RG!).
Now, a good example of a purely derivative work would probably be John Oswald's "Plunderphonics" CD.
He created a CD, out of his own pocket, and gave thousands away.
The recordings were re-edited and remixed versions of popular artists like Metallica, Captain Beefheart, Elvis Presley, Dolly Parton, etc.
His works were not intended to be viewed as simply remixes, but as derivative works with their own artistic intent.
I actually happen to support that, creating new art & junk from other art & junk.
The major labels & the RIAA didn't agree.
The Canadian government seized all copies of the CD and ran 'em over with a steamroller, literally crushing his work.
Everyone does violate it all the time, without even thinking of it.
Every time someone sings "Happy Birthday", without paying a stupid royalty, they violate it.
I think the issue of copyright law is gonna be continued to be wrestled with for a long time.
The Beastie Boys' classic album "Paul's Boutique", for example, COULD NOT have been made today with the way the laws have changed.
It would be both cost prohibitive and a legal nightmare trying to get permission for EVERY SINGLE SAMPLE.

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"The music business is a cruel and shallow money trench; a long plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side." -Hunter S. Thompson
http://mikenobody.bandcamp.com/
http://www.facebook.com/MikeDamnNobody
https://www.facebook.com/MikeNobodyTheIslandofMisfitNoise
http://www.reverbnation.com/mikenobody
http://www.myspace.com/mike_nobody
http://mikedamnnobody.blogspot.com/
http://mikenobody.blogspot.com/