Re: Satire is Not a Form of Parody
- From: JimT <jthread@xxxxxxxxx>
- Date: Wed, 08 Sep 2010 08:29:59 -0500
On 9/8/2010 6:31 AM, Muso wrote:
On Sep 8, 12:26 am, "JimT"<jthr...@xxxxxxxxx> wrote:
"Muso"<MikeMandavi...@xxxxxxx> wrote in messageThat is what Chuck Devore maintained, and that is why Don Henley wonSatire is not a form of parody.You could not be more wrong.
the case. You are defending the use of copyrighted material without
permission for a political attack ad!
Look up synonyms for "parody".A one-word thesaurus entry does not contradict two-thousand years of
literary tradition, and noone with any sense will think that it
I'm really not sure what the point of your post is, but suddenly I don'tI can't say that I blame you. I wouldn't want to have to try to
defend your words either!
I concede that I misjudged your statement regarding satire v parody.
In the Henley v DeVore court case the court ruled it was a satire with a "dash of parody".
"From a First Amendment point of view, this is a bizarre way to address political speech. For the court, the political purpose was a strike against fair use, because the court considered the videos to be a commercial use, seeking "publicity and campaign donations." In contrast, the Supreme Court has recognized that "the First Amendment 'has its fullest and most urgent application' to speech uttered during a campaign for political office." In contexts other than copyright, a law blocking this kind of speech would have to meet the strictest First Amendment scrutiny...........
"Fortunately, courts have increasingly begun to understand that fair use can and should apply to transformative satires <http://scholar.google.com/scholar_case?case=3752630071472494999>. So although the judge in /Henley v. DeVore/ got it wrong, other courts will have a chance to recognize the value of satire and fair use."
After reading /Kurt Opsahl's </about/staff/kurt-opsahl> piece, I have to agree (for now): If the courts are going to sanction "parodies" under fair use the 1st amendment demands the same treatment for political "satires".
BTW: This does go back to my original assumption: "/To use the "Fair Use" defense you'd have to be making a parody of Weird Al."; still being determined because of the court's "legal" definition of (back to) "parody".
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