Re: obscure derivative works question

Dan Agin wrote:
>
> I have never been comfortable with the parody rulings. The gist
> of it seems to be the courts say parody is fair use because it
> amuses people. So you're allowed to take someone else's work and
> make an amusement as a close derivative, but you are not allowed
> to take that work and provide the audience some other emotional
> experience as a close derivative. I don't understand the logic
> here. You can copy if you make people laugh, but you cannot copy
> if you make people cry. Shades of George Orwell.

The reason parody is protected is not because it is amusing but because it is critical comment. Non-humorous critical comment is also protected under fair use. Of course, when no humor is involved, the line between comment and mere imitation may be harder to define.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Mon Nov 11 1996 - 18:49:34 GMT