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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."

4 of 286 comments (clear)

  1. Needs improvement by B.Stolk · · Score: 0, Offtopic

    If you watch the video, you will see that it does not walk like a human.
    During every moment in his stride, his stance is stable.

    The hard part of bipedal robots is make it walk like a human does: the stance of a human halfway through each step is an instable pose.

    --
    http://www.stolk.org/tlctc
  2. Re:I can understand why Henley is pissed by blair1q · · Score: 0, Offtopic

    Saxby Chambliss's ads painting Max Cleland as a supporter of Osama bin Laden and Saddam Hussein were the utter depths of Repug douchebaggery.

    It doesn't get much more disgusting than saying a man who lost both legs and an arm in Viet Nam is a traitor.

  3. Re:I can understand why Henley is pissed by Locke2005 · · Score: 0, Offtopic

    I stand corrected. With so much repug douchebaggery out there, like Gheen's "outing" of Graham, perhaps it is time to start a website: www.republicandouchebaggery.com. Surprisingly enough, the URL is still available!

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  4. Re:I can understand why Henley is pissed by Quiet_Desperation · · Score: 0, Offtopic

    Use of Don Henley's well-known music implies that he supports the DeVore, which he clearly does not.

    I would never in a million years think that.

    I think it will go down in history as the pinnacle of Repugnantcan douchebaggery, an affront to intellectual conservatives everywhere.

    Repugnantcan? Is that a breed of pug dog?

    Anyway, maybe it is a pinnacle (nadir) of politcial ad douchebaggery. We can put it along side the state Democrats and their glowing accomplishment of completely raping and destroying California.

    Heard the latest? They passed an edict^H^H^H^H^H motion that we will have a Cinco de Mayo week. Yes, we will be having a Fifth Of May *Week*. Ah well, at least it's a bar holiday.

    California upending and falling into the sea will be the one scene from 2012 to come true. The very land itself will rebel and attempt to cleanse itself of the burning, burning stupidity.