Distinctions in Satirical vs. Parody: Laws and Copyright in Music & Film
The creation of films including motion pictures, documentaries, and music videos represents a key area of creativity. With which copyright laws frequently come into play. In fact, the presence of different copyrighted works being repurposed. Or otherwise integrated into various parodies or satirical pieces is quite common. The distinction that is made between satire and parody. And the satirical parody laws and copyright in music which provide limited protections from Copyright infringement are important for the producer to understand.
Distinctions in satirical vs parody. And the laws and copyright in music and film cases certainly vary. Under fair use, limited protections are granted depending on whether a music video or film utilized parody or satire to its advantage.
But how do these laws amount to protections for music video creators and those interested in making the distinction between satirical vs parody creations?
Satire in Music & Copyright Fair Use Protections
Satire, according to various definitions, represents the use of humor, irony, ridicule or exaggeration in order to criticize someone. Or something such as sociological stupidity or societal vices.
Satirical music, such as that by Weird Al Yankovic who created the song “Fat” to criticize obesity is typically not protected by fair use the way that parodies can be. But why?
Satire in this case uses copyrighted works in order to make fun of a societal issue, obesity.
But does Weird Al have the right to use the beats, composition, rhythm, and all other aspects of Michael Jackson’s song, “Bad,” to mock society without first getting Michael Jackson’s permission? Probably not!
Changes
Satirical parody laws and copyright of music generally afford protections to the copyright owners. Preventing things like a mere change of word without changing any other features of a song from being enough.
That is unless before creating the satirical lyrics. Which were used in place of the original lyrics the creator seeks a license from the original copyright owner.
Parody in Music & Copyright Fair Use Protections
According to various definitions, a parody represents either a literary or musical work. In which the style or work of another author or work is closely imitated for the purpose of ridicule or comic effect.
In this case, a parody requires an original work in order for the mockery to begin. And thus the copyrighted material represents a means to the end.
The Takeaway
Under fair use, satirical parody laws and copyright in music. Such as when a parody is produced to directly mock or otherwise provide commentary on an original work.
Such as has been the case in the Weird Al Yankovic song “Smells Like Nirvana,” in which commentary was used to poke fun at Kurt Cobain. And his inability to sing legibly in the original, “Smells Like Teen Spirit,” protections are much stronger.
In fact, the use of copyrighted music for a parody is certainly more likely to fall under fair use thanks to U.S. Copyright protections which state that commentary or criticism, like those which are used to mock the original work, represent fair use of original content.
