Page 2 of 2

Re: Lawsuit waiting to happen.

Posted: Sat Jun 08, 2013 12:55 pm
by Admiral-Badruck
Spevna wrote:
Admiral-Badruck wrote:It is a spoof that should be fine.

Is this based on your degree in law and vast experience working as a lawyer? Or just an opinion?

;)
What do you think?

Re: Lawsuit waiting to happen.

Posted: Sat Jun 08, 2013 3:32 pm
by AndrewGPaul
Spevna wrote:
I hope they do get away with it.
http://en.wikipedia.org/wiki/Copyright_ ... s#Parodies
in the article 'Copyright law of the United States', Wikipedia wrote:Although a parody can be considered a derivative work under United States Copyright Law, and thus within the exclusive rights of the copyright owner, it may qualify for the "fair use" exception to the exclusive rights, which is codified at 17 U.S.C. ยง 107. Parodic works are not automatically fair use of the material parodied, however. The Supreme Court of the United States stated that parody (transformative) "is the use of some elements of a prior author's composition to create a new one that, at least in part, comments on that author's works." That commentary function provides some justification for use of the older work; in contrast, a satire (exaggerated) (which is not targeted at the work borrowed from) does not require use of the original work to make its point. (See Campbell v. Acuff-Rose Music, Inc.)
It doesn't mean you can simply ignore the letters from Lucasfilm; it just means that you might have a defense if it goes to court. might.