AStewartR11
AStewartR11 t1_j2bdbdr wrote
Reply to comment by SBBurzmali in Does copyright protect characters from being used as a parody? by Hexxegone
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.
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.
AStewartR11 t1_j27o41e wrote
Coda is the best version but, sadly, still terrible. I love the first two, and was barely able to sit through Coda. It feels like a 90s TV movie.
AStewartR11 t1_j27nqvn wrote
Reply to comment by xdarkskylordx in Does copyright protect characters from being used as a parody? by Hexxegone
This is the right answer. Parody is absolutely protected speech under the 1st amendment (assuming you are in the US), and what you are making is obviously parody.
However, you only have the rights you can pay to defend in the US.
A close friend wrote and produced a lot of the major porn parodies (including Star Wars XXX) and even though they knew what they were doing was parody, if they got a C&D, they pulled the plug. It's not worth it to defend.
AStewartR11 t1_j6ltv4t wrote
Reply to comment by tinoynk in Last Man Standing(1996) is the same movie as A Fistful of Dollars(1964) by crazyhusker
Came here to say this. And The Good, the Bad and the Ugly is Sanjuro.