|
Copyright protection under fair use provision?
Discussion: What is the name of your state? California After recent events at a well known military spouse's message board I was moved to start a parody site. The site name and logo are similar to their but OBVIOUSLY a comment on what I think of their policies. My question is, am I protected under fair use... I have actually made no direct reference to their site, but those who have seen theirs will know which one I am talking about. Any help is appreciated! ~ The Stink Answer: What is the name of your state? California After recent events at a well known military spouse's message board I was moved to start a parody site. The site name and logo are similar to their but OBVIOUSLY a comment on what I think of their policies. My question is, am I protected under fair use... I have actually made no direct reference to their site, but those who have seen theirs will know which one I am talking about. Any help is appreciated! ~ The Stink If you stir ****, you get Stink.... Answer: Did you say the word sh*t? Answer: What is the name of your state? California After recent events at a well known military spouse's message board I was moved to start a parody site. The site name and logo are similar to their but OBVIOUSLY a comment on what I think of their policies. My question is, am I protected under fair use... I have actually made no direct reference to their site, but those who have seen theirs will know which one I am talking about. Any help is appreciated! ~ The Stink Parody is generally protected speech -- however, parody, as well as "fair use," are both defenses to a copyright infringement lawsuit -- in other words, you can't KEEP someone from suing you by claiming fair use or parody, all you can do is, once you get sued from infringement, is argue that your infringement is excused because of parody or fair use. That's why fair use is dangerous to rely upon -- fair use isn't a "right" that you can assert to forestall an infringement suit, it's only a defense you can raise once you've been sued for infringement. So, if what you are really doing is a parody, then you will likely not be found liable for infringement -- but it doesn't mean that you won't get sued, there isn't any way to stop that from happening. Copyright © 2006 - 2009 www.todayquiz.com
|
|