Desmond Shang
Guvnah of Caledon
Join date: 14 Mar 2005
Posts: 5,250
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07-23-2008 15:35
From: Sexy Partridge Wow read this thread when it started and then just this afternoon got an email from SLX saying they were pulling a couple of my items, one was WTP based and the other Tigger. They stated unless I provided a statement from Disney saying it was ok to use this I could not sell as it was against copyright laws. Sexy Partridge For what it's worth - I certainly didn't say anything. Unless someone was using the grid to sell real bonzai kittens grown in bottles or some other egregious human rights (kitten rights?) violation like that, I don't bother anybody. For all I know, people might have the permissions - I remember Chosen, I think it was, actually did have some go-ahead on Star Trek stuff or something like that. Someday, I may tell quite a story about authorised permissions myself - but this is not the day. Yes, I came close to a DMCA once on a fairly obscure thing I'd made, but was let off the hook. Some people and some corporations are amazingly cool - more cool than their own lawyers.  For the record, I didn't even realise how close I'd come to a DMCA - remember there can be a fine line between parody and otherwise, as Nammsor said.
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 Steampunk Victorian, Well-Mannered Caledon!
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Nyoko Salome
kittytailmeowmeow
Join date: 18 Jul 2005
Posts: 1,378
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07-24-2008 05:46
From: Lolita Pro Want to have some real fun? *PARODY* is protected by the copyright laws. If you want to parody Disney ... knock yourself out. Think "Wierd Al" ... he doesn't have to get usage rights in order to create a parody of other people's music. Saturday Night Live doesn't have to get permission to use the CNN logo and liknesses of their news anchors, because it's parody. ;0 but weird al -does- get personal permission from the original artist or else he doesn't release it for sale (i believe a few of these though he puts up for free at his own website). i dunno, had never thought about if he also gets some form of copyright waiver along with permission; 'sampling' also kinda runs into his domain, as he's sampling an entire song - melody and instrumentation and usually for a 'perfect clone' effect of the original song... interesting and funny, i'd thought recently if disney -really- wanted to put on a decent kids show, they should pay al to revive his saturday morning program - that thing was more hyper than roger rabbit on espresso!
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 Nyoko's Bodyoils @ Nyoko's Wears http://slurl.com/secondlife/Centaur/126/251/734/ http://home.comcast.net/~nyoko.salome2/nyokosWears/index.html "i don't spend nearly enough time on the holodeck. i should go there more often and relax." - deanna troi
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Aleco Collas
Satyr
Join date: 10 May 2007
Posts: 1,463
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07-24-2008 05:51
[OT] From: Dagmar Heideman In case this post was not a joke, What could S,cnr indicate? [/OT] cu Aleco
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Buckaroo Mu
Alpha Geek
Join date: 17 Oct 2006
Posts: 106
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07-24-2008 09:02
From: Nyoko Salome ;0 but weird al -does- get personal permission from the original artist or else he doesn't release it for sale (i believe a few of these though he puts up for free at his own website). i dunno, had never thought about if he also gets some form of copyright waiver along with permission; 'sampling' also kinda runs into his domain, as he's sampling an entire song - melody and instrumentation and usually for a 'perfect clone' effect of the original song... interesting Not only does he get permission, but in the case of his parody of Dire Strait's "Money for Nothing" ("Beverly Hillbillies", from the UHF soundtrack), Mark Knopfler insisted that he be allowed to play guitar on it 
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Yumi Murakami
DoIt!AttachTheEarOfACat!
Join date: 27 Sep 2005
Posts: 6,860
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07-24-2008 10:05
I think Weird Al has said that he does get permission even though he wouldn't have to, although in some cases, he WOULD have to.
The difficult bit with parody - as I'm told - is that you have to make sure you're making fun of the thing you're copying. In other words, you can include Mr Spock in a parody, but only if you're making fun OF STAR TREK. If you're making fun of something else - by, say, casting a politician or a developer or something as Mr Spock to indicate they're way too logical - then you can't claim the parody defense for breaking the Star Trek copyright.
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Amity Slade
Registered User
Join date: 14 Feb 2007
Posts: 2,183
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07-24-2008 11:49
From: Yumi Murakami I think Weird Al has said that he does get permission even though he wouldn't have to, although in some cases, he WOULD have to.
What Weird Al does is an example of exercising good business sense. I don't think that any song Weird Al has ever recorded (and I am familiar with them all) would require him to receive prior permission from the copyright holders of the songs he parodies. He's always within the safe-harbor of a parody. However, by gaining prior permission, he avoids a lot of headaches, legal expenses, and bad press. If anyone were to sue him over one of the songs, whether or not he would ultimately prevail in a lawsuit, he has to pay his lawyers to defend him just the same. If you can't afford the legal tangle with Disney, then it doesn't matter whether you would ultimately prevail in a lawsuit. They can shut you down and bankrupt you by simply being willing to spend more than you in a legal battle.
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