Many of you have heard of the musical artist "Weird Al" Yankovic. The difference between a
parody or satire on the one hand and jokes on the other is crucial, since
jokes are not generally copyrightable whereas a parody is. The copyright law has carved out
a special section in regards to fair use that pertain to parody and satire. Based
on a previously copyrighted work3. The court explained the satire in detail by describing the
social comment being made, and it weighed in favor of Koon's appropriation because the use
of the photo was transformative and because its purpose was to demonstrate how advertising whetted
our various appetites, not to sell shoes for Gucci.Koons used Blanch's work to comment on
its social meaning rather than to exploit its creative virtues. A new, copyrightable work2. The
big question surrounding "Weird Al's" music is this: Can he take somebody else's song without
asking permission? The answer is "yes." This is because "Weird Al" creates a parody of
the original song.I am told that Yankovic obtains permission from the songs' owners 925 silver just to
keep good relations and avoid the hassle of controversy. Donaldson is an entertainment attorney who
has been fighting for independent filmmakers for over thirty years. He scanned advertising images and
his own photographs into a computer and digitally superimposing the scanned images against backgrounds of
pastoral landscapes to comment on the ways in which our most basic desires are depicted
in popular images.Koons used a photo by Andrea Blanch entitled, "Silk Sandals by Gucci" and
incorporated part of the photo into his own artwork, which depicted four pairs of women's
feet and lower legs dangling over images of various dessert dishes. Because "Weird Al's" songs
meet the requirements for a parody, he does not need to get permission, nor does
he need to pay, the original creator of the song.Unlike a parody, a satire can
stand on its own and make a statement without borrowing from an original work. Is
not likely to hurt the value of the previous workWhile most examples of parody turn
out to be humorous, humor is absolutely not a requirement. "Weird tn Al" is famous for
taking popular songs and changing the lyrics into something humorous while keeping in the same
style as the original song. So what exactly is the difference between a parody (which
would allow "Weird Al" to make his music) and a satire (which are afforded protection
under fair use), and a joke (which is not protected under fair use)? My legal
definition of a parody - drawn from an examination of the cases in this area
- is the following:1. Generally, jokes are considered to be ideas and copyright law only
protects expressions of ideas fixed in tangible form. In short, parody and satire are protected
by copyright law as a subset of the fair use doctrine, whereas jokes (while some
can be very funny) are not protected subject matter covered by copyright law.Michael C. But
not taking more from the copyrighted work than is necessary5. To such an extent that
the previous work is clearly recognizable4. A parody or satire does not have to be
funny. It can be a one-liner or an amusing story with a long-awaited punch line.
When courts are presented with a satire case, they don't say, "This is a satire,
so we will give it extra latitude." Rather, they painstakingly set out the manner in
which the new work comments on some social condition and use that as a significant
factor in their analysis.In a recent case, the artist Jeff Koons was hired to create
a series of paintings for Germany's Deutsch Bank. Koons wanted to "comment on the ways
in which some of our most basic appetites for food, play, and sex are mediated
by popular images." Doesn't this sound like the very definition of satire?By contrast, a joke
is something that is said or done to evoke laughter or amusement. That criticizes or
comments on, at least in part, the subject matter or style of the previous work,
AND6. A satire tends to mock social conventions. His book Clearance and Copyright [http://www.clearanceandcopyright.com/], the
third edition of which was just released, is used in over 50 film schools and
has become the standard reference book for the industry.Visit: [http://www.clearanceandcopyright.com/].
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