Re: Eminem & Weird Al Yankovic

Subject: Re: Eminem & Weird Al Yankovic
From: "Robert A. Baron" <robert@xxxxxxxxxxxx>
Date: Tue, 13 May 2003 09:21:44 -0400
At 07:57 PM 5/10/2003 -0400, you wrote:
I read with interest the news that Eminem has "disallowed" Weird Al Yankovic from parodying his video but not the song.

http://www.utusan.com.my/utusan/content.asp?y=2003&dt=0511&pub=Utusan_Express&sec=Entertainment&pg=en_08.htm

It is my understanding that parody is a fair use and does not require securing permissions from anyone. So, why are all the news accounts of this taking the tone that Eminem has a right to forbid parody?

As a fair use Parody may always be challenged by the copyright owner. The courts have differentiated different kinds of parody, distinguishing, for instance, between "parody" and "burlesque," if I remember correctly. I think the differentiation considers the purpose of the parody. If you are using copyrighted materials to make fun of the materials itself, it may not be a fair use; but if you use the protected work to make a social or critical statement (as in "The Wind Done Gone" case) the parody rises to protectable status. And even then, it may be challenged.


For this reason, Weird Al, I believe, has always asked for permission to parody his subjects. In today's litigious atmosphere it is easy enough to sympathize with such a policy decision. Perhaps he and his advisors reasoned that there is so much material out there just asking to be used that it is not worth getting embroiled in nasty (and expensive) litigation brouhahas.

Assuming I have correctly remembered the distinction between parody and burlesque, I'd question the lower status awarded to Burlesque as a fair use. Making fun of a person or his works, to me seems like a form of social and/or aesthetic commentary, where example substitutes for narrative or literary commentary.


=========================== Robert A. Baron mailto:robert@xxxxxxxxxxxx http://www.studiolo.org

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