Legal Question in Intellectual Property in Missouri
This question is in regards to the Fair Use Doctrine.
Could somebody take a commercial and add humorous bits to it then add it to Youtube? At the beginning of the ad, it clearly states that it is for humor and acknowledges it is being used for Fair Use?
1 Answer from Attorneys
As a Franchise Attorney I can say the following. The U. S. Supreme Court decision in 1994 regarding 2 Live Crew's parody of Roy Orbison's song Pretty Woman was a major ruling in this area. The court established that parody is a defense against copyright infringement claims. However, a review of parody cases give no bright line rules and results differ. Rather, they appear to be a barometer of both the presiding judge's sense of humor and sense of fairness. So, if you want to take a chance, get sued, raise the parody defense, and hopefully prevail - then go for it. Consult with a good intellectual property or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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