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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."
I was under the impression that for the most part political speech enjoyed a far higher level of protection than most and this seems to fall very clearly into that category.
Political speech enjoys higher levels of protection, but misuse of copyrighted works is not a free speech issue. It is a, oh what's the word, copyright issue. You do understand that, in order to work at all, copyright trumps free speech, except in limited circumstances like fair use and parody.
Republicans have a long, sordid history of using music without permissions, they especially love to use songs from artists who are not Republicans. Google 'republicans stealing music.'
This was the first page that came up: http://www.alternet.org/blogs/peek/77309/a_pattern_of_republicans_stealing_music_from_bands_who_don't_like_them/
Here's another: http://www.theinsider.com/news/1264982_Can_the_Republicans_Stop_Stealing_Everybody_s_Music
And another: http://crooksandliars.com/2008/06/14/mccain-caught-stealing-democratic-music
It's pretty amazing how often they do it, and get away with it despite the protests and legal actions of the artists involved. It's the Republican party saying, "We don't have to play by the rules, fuck you!" to artists who disagree with them. Classy.
- None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
Does the "derivative work" function as a substitute for the original work? If it serves a different function, it should be considered fair use.
Set your phasers on "funky"!
Use of Don Henley's well-known music implies that he supports the DeVore, which he clearly does not. In that sense, it is defamatory to Don Henley. Also, there argument that "It is parody because Henley is a liberal" is absurd, they seem to be arguing that it would be unlawful to rip off a well known conservative's music, but it is perfectly ok to rip off a well-known liberal?!? This is the same race that saw Carly Fiorina's "Demonic Sheep" ads? I think it will go down in history as the pinnacle of Repugnantcan douchebaggery, an affront to intellectual conservatives everywhere.
I've abandoned my search for truth; now I'm just looking for some useful delusions.