Are Parody Songs Legally Allowed on Music Albums?

[daytrip512]

I am in Ohio.

Are parody songs legally allowed on music albums?

I've been confused on this and have read about the 'fair use' act but it seems to be a gray area. If one is playing there own music pretty much exactly like the original but just using the original songs melody and altering the lyrics do we have to legally get permission from the original copyright holder of the song and record lablel?

I know several artists have done parodies (weird al yankovic, etc.) yet others I've seen get sued in court over parodies. what is the real answer?

I've heard that in1994 the Supreme Court said it was ok to use parody songs under fair use and it is not violating any laws but I've also heard that nt to be true.

Can anyone help provide an official answer and show me where that answer is proven

thanks.

 

[racer72]

Fair use means you can use something for your own personal use only. This means you can make your parody for yourself. The music is copyrighted though and parody does not allow a person to avoid copyright usage payment. Weird Al Yankovic and the ilk all pay royalties for the music they use to make their parody records. Read the copyright info on a parody album, you will find copyright acknowledment to the holders of the original.

 

[divgradcurl]

Here's the case you are thinking about: Campbell v. Acuff-Rose Music (1994) 510 U.S. 569. You can read the case online here: http://supct.law.cornell.edu/supct/html/92-1292.ZS.html

In Campbell, the court held that a particular parody of a song was a "fair use" under the copyright laws. However, there are some limitations, so you will want to read the case carefully.

Also, remember that "fair use" is NOT a right that you can assert, but is a DEFENSE to an infringement action. In other words, you assert "fair use" as a defense when you get sued for infringement. What this means is that there is some risk involved in relying on fair use. Again, read the case carefully.

 

[divgradcurl]

Just for the sake of completeness:

Fair use means you can use something for your own personal use only.

That is not true. Whether or not a use is commercial or not is a factor, but the more important factor is the use's EFFECT on the commercial use of the original. In Campbell cited in my other post, the court held that, although the parody was clearly a commercial use, it would not have a significant impact on the commercial use of the original, and that was the important factor.

Bascially, even a commercial use of a copyrighted work may be a fair use if it doesn't significantly impact the market for the original work.