“Parody: Fair Use or Copyright Infringement” – Lloyd L. Rich

Rich begins his article by defining parody as the imitation of a serious piece of work, such as literature, music or artwork, for a comical effect. Parody, as a method of criticism, has been a very popular means to communicate a particular message or point of view to the public, and thus must inevitably use another creative work, creating an inherent conflict between the parodied and the creator of the parody. Rich cites Copyright Act in Section 107 as enumerating four fair use factors that should be analyzed when determining whether a particular use of a copyrighted work is considered fair use: the purpose and character of the use (whether commercially motivated or nonprofit educational), the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work, the effect of the use upon the potential market for or value of the copyrighted work. Rich states that a court takes into consideration each of the four factors when evaluating fair use defense, and that no single factor by itself is sufficient to prove or disprove fair use. In creating a parody, we all must take into account each of the fair use factors:

1) educational purpose for a class assignment, noncommercial, hopefully transformative and giving new meaning to the narrative

2) nature of copyrighted work is creative and for entertainment, published and open to the public

3) only a few clips from a few episodes will be used, copyrighted work will not be copied in its entirety

4) parody will not attempt to substitute or compete with the show itself as they are in different markets (mashup vs. TV show), and if anything, will stimulate interest to the audience

After defining the terms of use for my project, I believe my video mashup falls under fair use terms.

Rich particularly details the fair use doctrine in relation to parodies, and how they are defended in the court system.  There are 4 fair use factors including:

1) The purpose and character of the use, including whether the use is commercially motivated or instead is for nonprofit educational purposes.

2) The nature of the copyrighted work.

3) The amount and substantiality of the portion used in the newly created work in relation to the copyrighted work.

4) The effect of the use upon the potential market for or value of the copyrighted work.

Rich makes the point to state, “A court when evaluating a fair-use defense takes into consideration each of the four factors as no single factor by itself is sufficient to prove or disprove fair use.”  This is a very important factor of the fair use defense.  In creating a parody, I must take into account each of the fair use factors.  My project will be noncommercial, which will help to establish my parody within the terms of fair use.  It will also add new expression to the original work.  While my parody will be entertaining rather than educational, it is of an already published work.  For the purposes of my parody, I will need to use the entirety of a trailer in order to accomplish the product I wish to produce.  And finally, my parody will not attempt to substitute or compete with the trailer market or any other commercial product.  Upon reviewing the fair use factors Rich illustrates, I am confident that my project will fall under fair use terms.