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gdw Inner circle 4884 Posts |
Tom, you are quite unbelievable.
"You may say I'm a dreamer, but I'm not the only one."
I won't forget you Robert. |
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ed rhodes Inner circle Rhode Island 2885 Posts |
Quote:
On 2011-05-25 13:40, gdw wrote: It is the specific combination of notes that are protected, no matter what instruments you use to recreate them. As far as "similar," "Animaniacs" lived off of this. I don't know why she's dubbing over this, but this was originally Bernadette Peters doing a parody of "Les Miserables" http://www.youtube.com/watch?v=LeJc-J_jUK8 There's another one that I can't find where they parodied Andrew Lloyd Webber in general creating something called "Cats of Phantom Blvd." Here's a parody of Disney's "Beauty & The Beast." http://www.youtube.com/watch?v=JnrfUUZlNFQ&feature=related
"...and if you're too afraid of goin' astray, you won't go anywhere." - Granny Weatherwax
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MobilityBundle Regular user Las Vegas/Boston 120 Posts |
Parodies are kind of their own special case. The "parody defense" is a special case of the fair use defense, and not a head-on defense of the parody being not sufficiently similar to the copyrighted work. In fact, in all parody cases I can think of, it's pretty much conceded that the parody is in fact a derivative work of the copyrighted material.
True parodies are permissible derivative works. So how does one decide between a knock-off and a "true" parody? If the putative parody at least in part is a commentary on the original work, then that goes a long way. Also, if the work is "transformative" -- meaning it takes the original work and produces something distinct, while still retaining elements of the original -- then that's permissible as well. At least arguably, the Animaniacs links above are sufficiently transformative of the original works. Or who knows, maybe the Animaniacs guys payed licenses to use some of the stuff they use. |
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gdw Inner circle 4884 Posts |
And Ed, the "similar" idea, in non fair use, has been established with cases like the previously mentioned George Harrison case, as well as Ice Ice Baby/Under Pressure.
"You may say I'm a dreamer, but I'm not the only one."
I won't forget you Robert. |
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