Legal Question in Intellectual Property in California

Re: Digital Image Fair Use??

Parody is indeed considered fair use, however the bigger trick is determining whether something is parody. The test for this involves 4 factors:

1. Purpose and character of use of the original work, e.g. for profit or not

2. Nature of copyrighted work, e.g. more creative works have more copyright protection

3. Amount and substantiality of the portion used of the copyrighted work, e.g. was a little altered

4. Effect upon potential market or value of the copyrighted work, e.g. does the new work harm the original in some way.

The application of these factors varies by case, and it is impossible to give you a "yes" or "no" answer without viewing the 2 works and comparing them. Please feel free to contact me directly if you would like a consultation.