Re: Re: Re: Cartoon Parody
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Posted by M Arthur Auslander on April 26, 2002 at 01:17:01:
In Reply to: Re: Re: Cartoon Parody posted by Gena on April 25, 2002 at 10:19:32:
: 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....
: : : 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,
: : M. Arthur Auslander
: : Auslander & Thomas-Intellectual Property Law Since 1909
Without taking professional responsibility for what I am saying, it seems as if you were advised well.
What has to be considered are the subjective differences over what you have and what you start out with. In some instances such as yours, I have advised clients of the risk considering the difference and have suggested proceeding. Copyright is national so we have clients from all over the world.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
The Intellectual Property Law Server
Old Copyright Forum