I have written a political parody using one of the Beach Boys songs.  If it gets popular, can the Beach Boys sue me?

I have written a political parody using one of the Beach Boys songs.  If it gets popular, can the Beach Boys sue me?


In short. . .no

The copyright laws of parody have been challenged, and it has pretty much always ran in our favor--it's a constitutional right to free speech protected by the first amendment.  As long as it is significantly altered, parody is a form of comment--and as such protected. 

Of course they can sue you. Anyone can sue anyone at any time for any reason.  :o

However, it is likely that they would lose the lawsuit, because of the reason Dave stated.

There's a brief overview of the topic at http://www.artslaw.org/PARODY.HTM, with the conclusion "Suffice it to say that parody continues to be a fair use exception to copyright infringement".

Unfortunately, it's not the same on this side of the pond: the owner of the music copyright (NB not necessarily the original composer, and definitely not the performer) has some rights - I'm not sure exactly what they are, but ISTM that you can release a cover version without needing permission, though you do need to pay royalties; but a parody requires permission.. up to 75 years after the original composer died.  That means my Noel Coward parodies are still not out of copyright... Gilbert and Sullivan is just about OK, though.

I guess you can see why Weird Al has never toured the UK

Unfortunately, it's not the same on this side of the pond: the owner of the music copyright (NB not necessarily the original composer, and definitely not the performer) has some rights - I'm not sure exactly what they are, but ISTM that you can release a cover version without needing permission, though you do need to pay royalties; but a parody requires permission.. up to 75 years after the original composer died.  That means my Noel Coward parodies are still not out of copyright... Gilbert and Sullivan is just about OK, though.

I guess you can see why Weird Al has never toured the UK


So technically Nickelback can sue you for producing that new recording? Or only if you sell the recording?

Of course they can sue you. Anyone can sue anyone at any time for any reason.  :o

However, it is likely that they would lose the lawsuit, because of the reason Dave stated.

There's a brief overview of the topic at http://www.artslaw.org/PARODY.HTM, with the conclusion "Suffice it to say that parody continues to be a fair use exception to copyright infringement".

Thanks for the copyright site.  Now, speaking of copyrights, what about copyrighting one's own material?  I was told that by indicating on the material, cd and lyrics, that it is copyrighted with one's name and copyright year, and the little c symbol., one is protected.  True?

Assuming you are in the USA:

1. Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time.

2. The use of a copyright notice is no longer required under U.S. law, although it is often beneficial. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.

All of the info is available at http://www.copyright.gov/circs/circ1.html.

Assuming you are in the USA:

1. Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time.

2. The use of a copyright notice is no longer required under U.S. law, although it is often beneficial. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.

All of the info is available at http://www.copyright.gov/circs/circ1.html.

Rex...
You are a veritable fount of information.  As a newbie to this, I really appreciate your inout.  VERY, VERY, HELPFUL.  Thanks.

So technically Nickelback can sue you for producing that new recording? Or only if you sell the recording?

Technically, they probably could; in practice, if I'm not making money out of it, there's not much point - damages could be awarded, but AFAIAA this has never happened.  MarthaDTox would be the most likely person to know..

Rex...
You are a veritable fount of information.  As a newbie to this, I really appreciate your inout.  VERY, VERY, HELPFUL.  Thanks.


I would suspect that they look at things on a case by case basis, too. For myself, I would not forget to affix anything that gets published (Internet, in print, or distributed audio) without a copyright notice (the little c in a circle with name and year you created it, or "Copyright Agrimorfee, 2008"). Weird Al asks permission for any parodies he releases from the artist as a matter of fair play...it is publicly known that, so far, only Prince has turned him down.

I would suspect that they look at things on a case by case basis, too. For myself, I would not forget to affix anything that gets published (Internet, in print, or distributed audio) without a copyright notice (the little c in a circle with name and year you created it, or "Copyright Agrimorfee, 2008"). Weird Al asks permission for any parodies he releases from the artist as a matter of fair play...it is publicly known that, so far, only Prince has turned him down.


Which is irritating because Prince is so deserving of parody fodder

Which is irritating because Prince is so deserving of parody fodder


Fortunately there's amiright and Chappelle's skit on him...

...which has also been removed from YouTube.  >:(

Ant

I would suspect that they look at things on a case by case basis, too. For myself, I would not forget to affix anything that gets published (Internet, in print, or distributed audio) without a copyright notice (the little c in a circle with name and year you created it, or "Copyright Agrimorfee, 2008"). Weird Al asks permission for any parodies he releases from the artist as a matter of fair play...it is publicly known that, so far, only Prince has turned him down.


Yeah, Prince has never let him do any. There are others that have turned down Weird Al on at least one song, but gave him the okay on other songs. Michael Jackson, for instance. He let Weird Al parody two of his songs, but turned him down on the parody idea of Black or White(although Weird Al has played it live, along with other parodies he didn't get permission for). Paul McCartney didn't approve of his parody of Live and Let Die(titled Chicken Pot Pie, Paul is a vegetarian... Weird Al is actually hesitant to add to the list because of this), I know Weird Al did a parody of Tax Man titled Pac Man.