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Parody and Satire Videos, Which Is Fair Use?
Hugh Pickens writes "Ben Sheffner writes that both sides in Don Henley's lawsuit against California US Senate candidate Chuck DeVore (R) over campaign 'parody' videos that used Henley's tunes set to lyrics mocking Sen. Barbara Boxer (D) have now filed cross-motions for summary judgment, teeing up a case that will likely clarify the rules for political uses of third-party material. The motions focus largely on one issue: whether the videos, which use the compositions 'The Boys of Summer' and 'All She Wants to do is Dance,' are 'parodies,' and thus likely fair uses, or, rather, unprivileged 'satires.' The Supreme Court in Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994), said that a parody comments on the work itself; a satire uses the work to comment on something else, so for Henley, this is a simple case: DeVore's videos do not comment on Henley's songs but use Henley's songs to mock Boxer. DeVore argues that his videos do indeed target Henley, who has long been identified with liberal and Democratic causes, and asserts that the campaign chose to use Henley's songs for precisely that reason. 'DeVore's videos target Henley only in the loosest sense,' writes Sheffner, 'and his brief's arguments ... sound dangerously close to the post hoc rationalizations dismissed as "pure shtick" and "completely unconvincing" by the Ninth Circuit in Dr. Seuss Enters. v. Penguin Books USA, Inc., 109 F.3d 1394 (1997).' The case also bears directly on the recent removal of the 'Downfall' clips from YouTube where many journalists have almost automatically labeled the removed videos 'parodies' while the vast majority aren't, says Sheffner."
Free speech is a constitutional right. Copyright, however, is not. Methinks the principle legal document of our nation (US Constitution) trumps anything else.
People around here are funny. When Republicans thief music, it's illegal, evil, and should be punished to the full extent of the law. But when anyone else, Democrats included, steal music and are sued by the **AA, it's "Fair Use" and/or the fines are "exorbitant" or "overbearing." The double standards aren't even surprising anymore. It's downright pathetic.
Of course he has a problem with it since the suit is against a Republican and because Henley is the epitome of the Cali Leftist, he runs to the courts.
He should go back to taking advantage of underage girls because he made some great music under them...or were they under him????
Laughable ignorance on your part. Copyright is a Constitutional right, Article I, Section 8, Clause 8.
Can I PLEASE get some better debating opponents? This is like shooting moronic right wing fish in a barrel.
- None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
There are no contradictions, read the Constitution. You can say whatever you like without having to quote someone else to do it. Do you really think freedom of speech trumps copyright? That's laughably stupid. I could legally distribute Avatar by tacking on 'Republicans Suck!' at the end. Please engage your brain before making remarks that, with a moment's thought, you would realize are ludicrous.
I'm not here to fucking mollycoddle idiots with an agenda and a sack of lies. If you don't like it, fuck you in your free speech hole.
- None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton