Legal Question in Intellectual Property in Illinois

Maybe yes and maybe no. Depends on the facts of the case. You need to talk with a copyright lawyer and tell him or her how close you are copying, for what purpose is the parody, and how commercial is your use and who the audience would be. This has already been done in "The Wiz" The Wiz is a 1978 American musical film produced by Motown Productions and Universal Pictures, and released by Universal on October 24, 1978 with black characters and songs like "Ease on Down".

The U.S. Supreme Court has held that a work is a parody if it mimics the original to achieve its message and reasonably could be perceived as commenting on the original or criticizing it, to some degree. Assuming your work is a parody, it must then be determined if it can claim protection from copyright infringement liability, and the obligation to pay royalties, under the fair use doctrine found in the U.S. Copyright Act. The Copyright Act sets out four factors to be considered in determining whether or not a particular use is fair:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

2. The nature of the copyrighted work

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

4. The effect of the use upon the potential market for, or value of, the copyrighted work.

To answer your question would require reviewing your work in regard to the four factors noted above.

THE ABOVE ADVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IF YOU HAVE QUESTIONS REGARDING ANY MATERIAL PRESENTED HEREIN, I RECOMMEND THAT YOU CONSULT AN ATTORNEY. THIS INFORMATION IS BEING PROVIDED BY AN ATTORNEY IN ACTIVE PRACTICE IN THE STATE OF ILLINOIS AND CURRENTLY HOLDS AN ACTIVE LAW LICENSE IN THAT STATE ONLY.