Sunday, 26 July 2015

Professional Skills - Copyright / Parody research

http://www.nzlawyermagazine.co.nz/news/dumb-starbucks-lawful-parody-or-unlawful-freeriding-183990.aspx

Dumb Starbucks, a giving away coffee as a donation using the name Dumb Starbucks as a parody of Starbucks. They're fine because they arn't charging for their coffee.


https://cdn.auckland.ac.nz/assets/nzpglejournal/Subscribe/Documents/2006-2/6-EleanorONCE%20UPON%20A%20TIME.pdf

Page 3, sequels of 'Once Upon A time'
Abstract from above: "The sequel is an economically valuable property, the creation of which is consumer driven. This paper explores the relationship between the unauthorised sequel and the law of copyright. Issues examined include the extent to which copyright owners should have the right to control sequelisation of the original work and the impact the form or intended audience of the sequel has upon copyright provisions. The approaches adopted by several jurisdictions are commented upon, noting in particular the development in American law, which provides copyright protection for the fictional character as an independent entity. The paper will conclude that intellectual property protection must be carefully balanced against the need to ensure a bountiful public domain from which all creators may draw."


http://lawapart.com/posts/music/no-parody-and-satire-defence-new-zealand

Suggests that because other countries that align with New Zealand's copyright laws also allow parodies, and because there has been no court case deciding on weather parodies are protected or not, by treading carefully and understanding the risks involved, feel free to act as you would in for EG, USA when it comes to parodies.


http://99designs.com/designer-blog/2013/04/19/5-famous-copyright-infringement-cases/

^ Good advice and information when it comes to copyright, none are claused as parodies, but all include, cite the original, AND ASK PERMISSION.

https://www.legalzoom.com/articles/2-live-crew-weird-al-yankovic-and-the-supreme-court-on-parody

Parody falls under the right to free speech is a typical arguement for the use, but that requires a level of social commentary to legitimise it's claim. Also good information on parody use.


https://www.techdirt.com/articles/20131126/10224325381/myth-busting-yes-advertisement-can-be-fair-use-parody.shtml

Even advertisers have used and gotten away with parody.



http://deadline.com/2015/03/threes-company-parody-does-not-infringe-on-copyright-1201402475/

A parody taken to court, the parody was allowed because it was classed as free speech. Aritcle talks about that a good Parody takes something current, and then turns it on it's head.



Parody 1: Company Emulation

A dry mockery of how un-innovative the self proclaimed 'innovative' company Apple is.

As above, but this as a way to convey the feeling a user gets when dealing with a company.

Another apple Parody, a social commentary on social media / technology use, using the classic Charlie and the Chocolate Factory story, which was a commentary originally on society back in it's conception aswel.



Parody 2: Song Parody, of which there are many, but there's normally two kinds.

One is a variation of a song, such as the above which use the song rhythm to convey their own story.
 Another song variation is to take the lyrics of a song and focus on them.


The other kind of song parody is a mockery of the artist or their audience. Which seems unoriginal and cheap. Not a good look.


http://www.theedge.co.nz/Lorde-gets-parodied-by-Key-Of-Awesome/tabid/106/articleID/29104/Default.aspx


Parody 3: Using the likeness of a show or movie is a big trend, and results in being more of a Homage than a Parody at times. Tend to originate on loving the content than a satirical look at it, or using the method from the shows to be satirical about something else.

This one is awesome and an obvious anthem of love for the show.

An obvious love Lord of the Rings with some silly pokes at the many Street Magic TV shows.

This one is a bit malicious against Christianity and a parody of the typical things that happen in Mythbusters.




Parody 4: Person Likeness, because you can't really copyright people, these typically get unscathed from issues to do with Intellectual Property, but are risky when it comes to defamation and privacy and flat out using someone's likeness. In many states in USA, it's flat out illegal to act as someone. These come under Personality Rights, but the area becomes grey when it comes to obvious parodies of the person and not attempting to use their literal likeness to cast misinformation.


Parody 5: Movie Parody, different I feel than just homages, these are satirical looks at movies, to provide humour on accidents or plot holes, or to literally critique the film in a creative way.




A ploy at the Meme "Gramma Nazis" and a parody of the film, Inglorious Bastards.





Parody 6: Company Likeness is a lesser spread but widely understood parody, it's meme level.




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