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AStewartR11 t1_j2bc7zc wrote

Reply to comment by SBBurzmali in Does copyright protect characters from being used as a parody? by Hexxegone

I am talking about a product that was made and released. If you are an IP lawyer, you aren't a good one. First amendment rights trump copyright in the case of parody

I would encourage you to look up the lawsuit history surrounding The Wind Done Gone.

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SBBurzmali t1_j2bd7ky wrote

You don't need to be an IP lawyer to know that the 1st amendment doesn't protect breaking IP law.

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AStewartR11 t1_j2bdbdr wrote

In the case of parody, it absolutely does. It is true that the fair use doctrine comes into play as a way of deflecting copyright infringement, but it is based upon parody protections in the first amendment.

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SBBurzmali t1_j2bfipo wrote

Nothing in the 1st amendment mentions or protects parody. Fair use is from common law and predates the constitution. In the US, it is part of copyright law.

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