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Parody / Satire and Copyright?

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ThatOneKid

Junior Member
State: Minnesota

Let me preface this by saying that I've searched through this forum and have not found anything matching my scenario exactly. As we all know, even a minor detail can make a big difference in a court case. Additionally, I have Googled the issue and found nothing current on.

On to my question. As many of you may know, the COICA has recently been passed, allowing the ICE to take down a website whose purpose is central to piracy. An example of this can be found at onsmash.com

Now I've never been artsy, but I am good at recognizing a good opportunity for satire/parody when I see one. I want to change a single word in this image to make a powerful statement against it, but I don't want to face a possible $250,000 fine. I would of course give all credit to the original owners, and make it very clear what I did and why.

So, I come to you with a few core questions:

If I do this, what are the chances that I'll be caught up in a legal batter?
Does this count as freedom of expression?
Does someone have to file a copyright claim before something can be copyrighted?

All help is appreciated.
 


FlyingRon

Senior Member
If you are talking about parodying the ICE notice, you need not worry. That sort of thing is already in the public domain. Further, what you intend to do would sound like it is indeed parody and copyright you would have a defense.

Credit won't help much.
Freedom of expression is one of the reasons the parody portions of the fair use doctrine exists, but remember freedom of expression is bounded by stealing other peoples property.
No registration, marking, or any other requirements need exist before copyright is established. Copyright exists from the moment the creative work is fixed in tangible form.
 

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