Hopper asked in Entertainment & MusicMovies · 1 decade ago

Any laws I should worry about making a carton parity movie?

Ok, so I am making a cartoon spoof movie, I have already planed out a wide variety of characters for it, I have a couple original characters, I have cartoon characters from other shows (I.E. Naruto and Ash) As well as some real people (I.E. I am making fun of the Jonas Brothers using cartoon versions of them) And I am also using live characters (I.E. Leonidas from 300) So I want to know if there are any law action that I need to worry about if I were to this movie on say, You Tube or something like that. Please and thank you

-Hopper

1 Answer

Relevance
  • Anonymous
    1 decade ago
    Favorite Answer

    Hey Adam, Joel here. I've been looking around the web and this is what I found:

    Although a parody can be considered a derivative work under United States Copyright Law, it can be protected from claims by the copyright owner of the original work under the fair use doctrine, which is codified in 17 USC § 107. The Supreme Court of the United States stated that parody "is the use of some elements of a prior author's composition to create a new one that, at least in part, comments on that author's works." That commentary function provides some justification for use of the older work. See Campbell v. Acuff-Rose Music, Inc.

    In 2001, the United States Court of Appeals, 11th Circuit, in Suntrust v. Houghton Mifflin, upheld the right of Alice Randall to publish a parody of Gone with the Wind called The Wind Done Gone, which told the same story from the point of view of Scarlett O'Hara's slaves, who were glad to be rid of her.

    Under Canadian law, although there is protection for Fair Dealing, there is no explicit protection for parody and satire. In Canwest v. Horizon, the publisher of Vancouver Sun launched a lawsuit against a group which had published a pro-Palestinian parody of the paper. Alan Donaldson, the judge in the case, ruled that parody is not a defense to a copyright claim.

    In other words, as long as it follows the guidelines in the fair use code, you're good. Now lets get that movie finished!

Still have questions? Get your answers by asking now.