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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."
Let me Google that for you.
In your defense, I did misspell it. It's "compulsory licensing", not "compulsive licensing". It's a well-established legal practice (it dates from late 19th and early 20th century, when faithful reproduction of a work became easy with radios, etc.).
Read Lessig's Free Culture, if you want to inform yourself properly. He'll explain it better than I can anyway.
Oh, right. Since you can't use Google, here's the link to Free Culture (he has a PDF there).
Well, you, and the general public at large, might see them as different, legally they are not. If you take a Mickey Mouse comic from way back when, and just copy it with a new word bubble, obviously copyright violation, right? If you draw your own character that looks sort of like Mickey Mouse? That's just as much copyright violation, even if you drew every last pen stroke yourself. Fair use, which includes review and parody, is a defense against copyright violation via derivative work. Penny Arcade got in trouble because drawing Strawberry Shortcake is a copyright violation, and fair use is their only possible defense. However, fair use does not allow for making copies of one person's copyright to parody a third-party. Their own lawyers told them that, and they took it down. That's the law.
Mind you, the law is subject to change. Twenty years ago judges verbally berated Sega and Nintendo lawyers on separate occasions for abuse of copyright law. Nintendo tried to sue Game Genie for allowing owners to modify their game code. The judges said that people are free to enjoy their purchase any way they want, and artists have no right to dictate how their works are enjoyed. This opinion is now scoffed at, and artists very much do somehow have the right to dictate how purchasers of their works are allowed to enjoy them. Sega, on the other hand, like Nintendo, used early early DRM to lock out third party game carts on their consoles. They sued Accolade for copyright violation for cracking the DRM. A judge got very angry with them, calling them monopolists and dismissing with prejudice, saying no law permits them to lock people out of their hardware. Now of course, there is such a law, and nobody bats an eye at locked down systems. Crazy that only 20 years ago the very idea was disgusting, and now you're a madman for objecting.
That may seem off-topic, but both those cases were about derivative works. Game Genie was about the right of the consumer to create their own derivative works, which we're now told we do not have. Though we're told by RIAA/MPAA/TV execs, and might possibly still have that right, if you find a judge who will follow the law. And the Sega case was about the right to reverse engineer for compatibility, which we certainly no longer have. Well, except the DMCA, which outlawed it in the first place, has exceptions for compatibility, but those exemptions to not stop Nintendo, Sony, and Microsoft, from suing anyway. So, while parody defenses are pretty set, so were those rights, and they changed, though perhaps not legally... Precedent is just a suggestion. In the unlikely event that a judge allows wholesale copying of third-party copyright material in unrelated parodies, that's a hidden boon for The Pirate Bay, which would quickly be renamed to The Parody Bay, and totally legal! Just put a quick mockery of your political figure of choice into your torrent description, and the download along side it is protected as a fair use parody! ;)
ASCII stupid question, get a stupid ANSI