Parody and Satire Videos, Which Is Fair Use?

Hugh Pickens writes "Ben Sheffner writes that both sides in Don Henley's lawsuit against California US Senate candidate Chuck DeVore (R) over campaign 'parody' videos that used Henley's tunes set to lyrics mocking Sen. Barbara Boxer (D) have now filed cross-motions for summary judgment, teeing up a case that will likely clarify the rules for political uses of third-party material. The motions focus largely on one issue: whether the videos, which use the compositions 'The Boys of Summer' and 'All She Wants to do is Dance,' are 'parodies,' and thus likely fair uses, or, rather, unprivileged 'satires.' The Supreme Court in Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994), said that a parody comments on the work itself; a satire uses the work to comment on something else, so for Henley, this is a simple case: DeVore's videos do not comment on Henley's songs but use Henley's songs to mock Boxer. DeVore argues that his videos do indeed target Henley, who has long been identified with liberal and Democratic causes, and asserts that the campaign chose to use Henley's songs for precisely that reason. 'DeVore's videos target Henley only in the loosest sense,' writes Sheffner, 'and his brief's arguments ... sound dangerously close to the post hoc rationalizations dismissed as "pure shtick" and "completely unconvincing" by the Ninth Circuit in Dr. Seuss Enters. v. Penguin Books USA, Inc., 109 F.3d 1394 (1997).' The case also bears directly on the recent removal of the 'Downfall' clips from YouTube where many journalists have almost automatically labeled the removed videos 'parodies' while the vast majority aren't, says Sheffner."

Political speach

[HungryHobo]

I was under the impression that for the most part political speech enjoyed a far higher level of protection than most and this seems to fall very clearly into that category.

Republicans stealing music again? I'm shocked.

[spun]

Political speech enjoys higher levels of protection, but misuse of copyrighted works is not a free speech issue. It is a, oh what's the word, copyright issue. You do understand that, in order to work at all, copyright trumps free speech, except in limited circumstances like fair use and parody.

Republicans have a long, sordid history of using music without permissions, they especially love to use songs from artists who are not Republicans. Google 'republicans stealing music.'
This was the first page that came up: http://www.alternet.org/blogs/peek/77309/a_pattern_of_republicans_stealing_music_from_bands_who_don't_like_them/ [alternet.org]
Here's another: http://www.theinsider.com/news/1264982_Can_the_Republicans_Stop_Stealing_Everybody_s_Music [theinsider.com]
And another: http://crooksandliars.com/2008/06/14/mccain-caught-stealing-democratic-music [crooksandliars.com]

It's pretty amazing how often they do it, and get away with it despite the protests and legal actions of the artists involved. It's the Republican party saying, "We don't have to play by the rules, fuck you!" to artists who disagree with them. Classy.

Proposed Test for Infringement

[srussia]

Does the "derivative work" function as a substitute for the original work? If it serves a different function, it should be considered fair use.

I can understand why Henley is pissed

[Locke2005]

Use of Don Henley's well-known music implies that he supports the DeVore, which he clearly does not. In that sense, it is defamatory to Don Henley. Also, there argument that "It is parody because Henley is a liberal" is absurd, they seem to be arguing that it would be unlawful to rip off a well known conservative's music, but it is perfectly ok to rip off a well-known liberal?!? This is the same race that saw Carly Fiorina's "Demonic Sheep" ads? I think it will go down in history as the pinnacle of Repugnantcan douchebaggery, an affront to intellectual conservatives everywhere.

Re:Republicans stealing music again? I'm shocked.

[Conchobair]

I would go with "This Land Is Your Land" by Woody Guthrie used by Reagan in the 80s. Guthrie through his life was associated with communist groups and wrote the song as a response to "God Bless America". In many ways the song was a communist anthem.

I'll alos just note that I have seen certain Repulicans denouce "Born in the USA" as anti-America. I would disagree and question what America they live in.

Re:Republicans stealing music again? I'm shocked.

[spun]

Uh, wrong. You don't understand how copyright works. Artists maintain control over their works and can not be forced to distribute licenses. Please, though, cite a source showing how anyone can play anything they like without the artists' consent.

Weird Al is protected because his works are clearly parody, but even so he does the right thing and seeks permission. Unlike the Republicans you are trying, and failing, to defend.

Re:Republicans stealing music again? I'm shocked.

[gtbritishskull]

If you make a work and copyright it, then nobody should profit off of it without your permission. If you are running for political office and use the song, you are profiting from it and should be punished. If download it and sell CDs on the streets, then you are profiting from it and should be punished. If you download it to your iPod, then you don't profit so I don't think that a giant corporation should be suing you for $15k a song.

Re:Republicans stealing music again? I'm shocked.

[gtbritishskull]

Uhhh... citation needed? Do Democrats actually use more songs than Republicans without getting permission first?

Also, allowing someone to use your work for free is a way of contributing to a campaign. Are you saying this is wrong?

Re:Republicans stealing music again? I'm shocked.

[cpt kangarooski]

What if you write a book, it is sold in bookstores, but it is not taken seriously, and most copies wind up getting destroyed after a while (whether throwing out unsold copies to free up shelf space, or people read them, then tear pages out to use as kindling, or whatever). I bought a copy, however, and I kept it in good condition. Many years later, the book becomes a huge success, and book collectors become interested in the first printing.

Why shouldn't I be allowed to sell my copy to a collector for a tremendous profit, without having to share it with you?

As an example, a copy of Action Comics #1, a comic book from 1938 with a cover price of 10 cents, and which is still copyrighted, was sold earlier this year for $1.5 million.

If you had your way, we couldn't even have used book stores.

Re:Republicans stealing music again? I'm shocked.

[gtbritishskull]

I agree completely. But is US diplomacy in any way germane to the subject of the parody? Does a political statement in a piece of music mean I lose all rights to the musical score. By extension, if I create an original song and mention "George W. Bush" in it anywhere, then every politician has a right to put my music in their commercials? I think there should be no limitations if you are mocking the message of a song, but if you are just using it because it has a good beat and putting your own words to it, then that is stealing.