Legal Question in Intellectual Property in California
If you are doing an equity-waver play for a non-profit theater can you perform a parody of an existing song without obtaining the rights?
Asked on 9/27/11, 10:55 am
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Parody is a defense to a suit for infringement, based on the more general concept of "fair use," that is sometimes successful, but not always, as there are quite a few variables a court will consider. You can find some interesting discussion of what is acceptable parody and what is not sufficiently parody, so it still infringes, on Google. Here's one I found:
http://lemoineentertainmentlaw.com/?p=263
The nonprofit neture of your theater would be a factor in your favor.
Answered on 9/27/11, 4:48 pm
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