Grey area between Parody and Lawsuit? at DVinfo.net

Go Back   DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Taking Care of Business
The pen and paper aspects of DV -- put it in writing!


Reply
 
Thread Tools Search this Thread
Old June 19th, 2003, 07:44 AM   #1
Capt. Quirk
 
Join Date: Apr 2002
Location: Middle of the woods in Georgia
Posts: 3,596
Grey area between Parody and Lawsuit?

Hello all-
I am currently in the middle of writing a feature length screen play. It is a spoof of horror spoofs, with plenty of parody. How do I know what is acceptable parody, and what will get me sued?

I have characters and situations that resemble characters from other movies, however, I have put a spin on them. I "Rednecked them up a mite". It is not a name by name, word by word scene theft, but the similarities are rather evident. Isn't that what a parody is?
K. Forman is offline   Reply With Quote
Old June 19th, 2003, 10:38 AM   #2
Wrangler
 
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
Parody is a subset of fair use, which is to say:

1. It is a defense to infringement liability; and,
2. Whether the defense applies is fact-specific.

Do a search on "fair use" here, I've written on it before, I think.

The short answer is, you won't really know whether what you're writing will constitute fair use parody until you're sued and the judge rules. There are a lot of rather obscure rules that apply to fair use, in general, and parody, specifically. If you're planning to market this, spend an hour or so with an intellectual property attorney, who is in a position to make the evaluation.
Paul Tauger is offline   Reply With Quote
Old June 19th, 2003, 11:15 AM   #3
Capt. Quirk
 
Join Date: Apr 2002
Location: Middle of the woods in Georgia
Posts: 3,596
Paul- Would you be an intellectual property attorney, who is in a position to make the evaluation?
K. Forman is offline   Reply With Quote
Old June 19th, 2003, 11:07 PM   #4
Wrangler
 
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
Yup, but I really wasn't trolling for clients. You can find someone closer to you by calling your local bar association.
Paul Tauger is offline   Reply With Quote
Old June 20th, 2003, 07:29 AM   #5
Capt. Quirk
 
Join Date: Apr 2002
Location: Middle of the woods in Georgia
Posts: 3,596
Actually, because of the fact we know each other through this board, I feel very comfortable with you... that is, if you choose to accept this mission.
K. Forman is offline   Reply
Reply

DV Info Net refers all where-to-buy and where-to-rent questions exclusively to these trusted full line dealers and rental houses...

Professional Video
(800) 833-4801
Portland, OR

B&H Photo Video
(866) 521-7381
New York, NY

Z.G.C.
(973) 335-4460
Mountain Lakes, NJ

Abel Cine Tech
(888) 700-4416
N.Y. NY & L.A. CA

Precision Camera
(800) 677-1023
Austin, TX

DV Info Net also encourages you to support local businesses and buy from an authorized dealer in your neighborhood.
  You are here: DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Thread Tools Search this Thread
Search this Thread:

Advanced Search

 



Google
 

All times are GMT -6. The time now is 06:10 PM.


DV Info Net -- Real Names, Real People, Real Info!
1998-2017 The Digital Video Information Network