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Re: Re: Cartoon Parody


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Posted by Gena on April 25, 2002 at 10:19:32:

In Reply to: Re: Cartoon Parody posted by M Arthur Auslander on March 29, 2002 at 22:15:58:

Well I did as you suggested and contacted a intelectual copyright lawyer in my area (I'm in the backwoods middle of nowhere so I was surprised one was near by) She was very conservative and she felt that since my caricatures were off of a TV series, the company that produced it would have copyrighted all derivatives of that work there of, so my artwork could not be considered a 'parody'. Especially not considering that I was intending to make a profit off of my work.

When I brought up the Supreme Court Ruling on Motley Crew, she frankly said that Motley Crew could prove their song was a parody because they could afford the legal battle, I however could not afford to take my artwork to the supreme court to protect my rights so it was ill-advised even to try.

Frankly I'm a bit upset, I don't know who to believe but since I paid for the legal council it would seem foolish to disregard it. It's just rather disheartening that it doesn't matter if you're in the right if you can't afford to the lawyer to keep big corporations from sueing you into bankrupcy via the legal bills before you're even proven to be in the right....

Gena


: : Just how much does a cartoon have to differ from the subject it is parodying to be considered a parody enough to not require the original's permission to publish?

: : For instance if I were to draw a picture of Murphey Brown (the character, not Candice Burgan) as a little girl with a microphone, and made it enough like the character that it was obvious who it was supposed to be would it be considered a violation of that show's copyrights, or would it qualify as a parody in that I am making a social commentary?

: : This piece of artwork, would it be allowable to print on a coffee mug to make available at my website or would that too be illegal?

: Dear Gena,
: I am unaware of a legal prohibition against a charatature of a literary character. There is good leeway for charactures. It would seem to me that each situation would have be be analized. There is always the risk of the law of unfair competition. It depends on the side that you are on and what you want to do.

: M. Arthur Auslander

: Auslander & Thomas-Intellectual Property Law Since 1909
: 505 Eighth Avenue, New York, NY 10018
: 212-594-6900, fax 212-244-0028, aus@auslander.com
: ELAINE's Workshop®
: E arly L egal A dvice I s N ot E xpensive(sm)




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