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glitcher | 1 year ago

From my understanding parody is not defamation.

discuss

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hunter2_|1 year ago

Right, plenty of the artists parodied by Weird Al are individuals. Any permission sought (or denials respected) are purely for goodwill, not legally required.

That said, Weird Al hasn't actually distributed unmodified trademarks of other entities, to my knowledge. Even if that would generally be problematic, the context of a "featured partners" list as in TFA probably falls below a threshold of likelihood of confusion which arises in other unauthorized uses of trademarks.

philipwhiuk|1 year ago

No, wrong. The approval of that target of the parody (Amish, McDonalds, CIA etc) are not legally required.

Case law suggests that he is required to (and he does), license artist's music.

He's not parodying Miley Cyrus in 'Party in the CIA'. He's parodying the CIA. Because the lyrics and track aren't the subject, licensing of the track is required.

Similarly, If Repaer used a licensed font on the site, they'd have to license it.

ThrowawayTestr|1 year ago

Common misconception. As Philip points out, Al is only covered if he's making fun of the original song. "Smells like Nirvana" is a good example of a parody that didn't need approval (but Weird Al did anyway cuz he's a nice guy)

kevin_thibedeau|1 year ago

'SPAM' and 'All About the Pentiums' hinge on trademark usage that isn't part of the song being parodied.