Legal Question in Intellectual Property in New York

Video Sample for Satire

What law governs the amount copyrighted video or audio material that can be sampled and published online as satire? Could someone publish an entire show - such as Lost - on YouTube and modify it so the online publication includes audio commentary and visual commentatry such as writing on the screen to highlight certain areas or interjecting previous scenes to illustrate a paradox in their storytelling? Would editing the commercials from the production impact the legality?


Asked on 10/25/06, 1:16 pm

3 Answers from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: Video Sample for Satire

Your question is governed by the intersection of copyright law and first amendment law. The so-called "fair use doctrine" addresses how otherwise infringing acts may be permitted without liability to the person engaging in such acts. It is typically a balancing test that examines the nature of the work copied, the amount copied, the commercial vs. non-commercial purpose of copying and the extent of harm to the original work. Non-commercial satire and news reporting tend to be more easily accepted by judges as deserving "fair use" treatment but every case is different. Consult a copyright attorney before undertaking anything involving other people's intellectual property -- a copyright infringment lawsuit is a serious risk to consider.

Read more
Answered on 10/25/06, 1:28 pm
Nancy Delain Delain Law Office, PLLC

Re: Video Sample for Satire

That is the ever-murky and ever-changing law governing the fair use of copyrighted materials. The copyright statute is found at Title 17 of the US Code. There is a LOT of caselaw that surrounds this issue, too, so you really can't go just by what the statute seems to say.

I strongly advise you to consult a copyright attorney who is experienced in fair use matters concerning your materials and intent to use them BEFORE you publish anything.

Best regards.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
Answered on 10/25/06, 1:31 pm
Kristen Browde Browde Law, P.C.

Re: Video Sample for Satire

The law involved is the Copyright Act, and, in particular, the "fair use" exception to copyright exclusivity. What constitutes fair use is far from clear cut - there's a multi-part test which only yields an answer that is defensible, not one that is certain.

Without specific review by a qualified attorney of the use you're considering, you leave yourself open to what would be a very expensive challenge in court by the copyright owner. Publication of an entire episode of a show, however, is pretty simple: it's almost impossible to establish that as a fair use, even under the heading of satire.

If you'd like to discuss the issue or arrange a consultation, please feel free to get in touch.

Read more
Answered on 10/25/06, 1:32 pm


Related Questions & Answers

More Intellectual Property questions and answers in New York