PARODY

PARODY

parody. Intellectual property. A transformative use of a well-known work for purposes of satirizing, ridiculing, critiquing, or commenting on the original work, as opposed to merely alluding to the original to draw attention to the later work. ? In constitutional law, a parody is protected as free speech. In copyright law, a work must meet the definition of a parody and be a fair use of the copyrighted material, or else it may constitute infringement. [Cases: Copyrights and Intellectual Property 53.

2. C.J.S. Copyrights and Intellectual Property ¡ì¡ì 45¨C46, 48¨C50.]

¡°Trademark parodies, even when offensive, do convey a message. The message may be simply that business and product images need not always be taken too seriously; a trademark parody reminds us that we are free to laugh at the images and associations linked with the mark.¡± L.L. Bean, Inc. v. Drake Publishers, Inc., 811 F.2d 26, 34 (1st Cir. 1987)(per Bownes, J.).

¡°We do not, of course, suggest that a parody may not harm the market at all, but when a parody, like a scathing theater review, kills demand for the original, it does not produce a harm cognizable under the Copyright Act. Because ¡®parody may quite legitimately aim at garroting the original, destroying it commercially as well as artistically,¡¯ the role of the courts is to distinguish between ¡®biting criticism [that merely] suppresses demand [and] copyright infringement[, which] usurps it.¡¯ ¡± Campbell v. Acuff¨CRose Music, Inc., 510 U.S. 569, 591, 114 S.Ct. 1164, 1178 (1994) (Souter, J.) (citations omitted).


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