Grey area between Parody and Lawsuit? at DVinfo.net

K. Forman · June 19th, 2003, 06:44 AM

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?

Paul Tauger · June 19th, 2003, 09:38 AM

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.

K. Forman · June 19th, 2003, 10:15 AM

Paul- Would you be an intellectual property attorney, who is in a position to make the evaluation?

Paul Tauger · June 19th, 2003, 10:07 PM

Yup, but I really wasn't trolling for clients. You can find someone closer to you by calling your local bar association.

K. Forman · June 20th, 2003, 06:29 AM

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.

June 19th, 2003, 06:44 AM	#1
K. Forman 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?

June 19th, 2003, 09:38 AM	#2
Paul Tauger 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.

June 19th, 2003, 10:15 AM	#3
K. Forman 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?

June 19th, 2003, 10:07 PM	#4
Paul Tauger 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.

June 20th, 2003, 06:29 AM	#5
K. Forman 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.