Parody site of a famous person

[hbutt]

What is the name of your state (only U.S. law)? New Jersey

I'm a photographer. I was looking to start a parody site that involves dressing in a very specific likeness of a famous person (included would be a mask worn of said famous person's likeness), and holding up a sign that'd be intended as a parody quote of the famous person's that'd be submitted by a visitor of the site.

For instance, a user visits the site, submits a quote, and i then put it on said sign, hold it up, and take a photo of myself with it.

Can I be sued for defamation or be held libel?

I was reading about parody laws and it seems unlikely.

I also realize this is likely one of the odder scenarios that'll hit the forum for some time.

Thanks

 

[quincy]

What is the name of your state (only U.S. law)? New Jersey

I'm a photographer. I was looking to start a parody site that involves dressing in a very specific likeness of a famous person (included would be a mask worn of said famous person's likeness), and holding up a sign that'd be intended as a parody quote of the famous person's that'd be submitted by a visitor of the site.

For instance, a user visits the site, submits a quote, and i then put it on said sign, hold it up, and take a photo of myself with it.

Can I be sued for defamation or be held libel?

I was reading about parody laws and it seems unlikely.

I also realize this is likely one of the odder scenarios that'll hit the forum for some time.

Thanks

Many misunderstand what a parody is and, for that reason, parodies are rarely done well and parodists are often the target of lawsuits or threats of lawsuits.

So the answer to your question is, "Yes" - you potentially can be sued for defamation.

A parody comments on the original by taking characteristics of the original and imitating the original generally in a satirical or comedic way. The problem is that one man's satire or comedy can be another man's basis for a lawsuit. The person parodied, in other words, may not be amused.

Following is a link to Hustler Magazine, Inc. v. Falwell, 485 US 46, 1988 - a well-known US Supreme Court parody case where the one parodied (Falwell) sued his parodist (Hustler Magazine). You can see what the court will look at when deciding whether what is presented is a parody or crosses the line from satire/comedy to defamation.

https://www.law.cornell.edu/supremecourt/text/485/46

Although what you are proposing could be possible to do if you are careful and if you are skilled enough in the art of parody, I recommend you have your specific plans (the famous people you plan to parody and the type of quotes you intend to use) personally reviewed by an attorney in your area. The attorney can outline for you the legal risks you face and, should you decide to accept these legal risks, I recommend you get insurance enough to cover what could be a costly lawsuit filed against you by the famous person.

Good luck.

 

[hbutt]

Many misunderstand what a parody is and, for that reason, parodies are rarely done well and parodists are often the target of lawsuits or threats of lawsuits.

So the answer to your question is, "Yes" - you potentially can be sued for defamation.

A parody comments on the original by taking characteristics of the original and imitating the original generally in a satirical or comedic way. The problem is that one man's satire or comedy can be another man's basis for a lawsuit. The person parodied, in other words, may not be amused.

Following is a link to Hustler Magazine, Inc. v. Falwell, 485 US 46, 1988 - a well-known US Supreme Court parody case where the one parodied (Falwell) sued his parodist (Hustler Magazine). You can see what the court will look at when deciding whether what is presented is a parody or crosses the line from satire/comedy to defamation.

https://www.law.cornell.edu/supremecourt/text/485/46

Although what you are proposing could be possible to do if you are careful and if you are skilled enough in the art of parody, I recommend you have your specific plans (the famous people you plan to parody and the type of quotes you intend to use) personally reviewed by an attorney in your area. The attorney can outline for you the legal risks you face and, should you decide to accept these legal risks, I recommend you get insurance enough to cover what could be a costly lawsuit filed against you by the famous person.

Good luck.

The think about the quote is, the quote won't be submitted by me. It will be submitted by the public at large, and thus I'll be merely relaying the general sentiment of the populace. Granted, it will be a fictional quote, but it once again won't be submitted by myself, but rather, someone else.

I'll in fact, just be the messenger.

 

[quincy]

The think about the quote is, the quote won't be submitted by me. It will be submitted by the public at large, and thus I'll be merely relaying the general sentiment of the populace. Granted, it will be a fictional quote, but it once again won't be submitted by myself, but rather, someone else.

I'll in fact, just be the messenger.

I understand that. That puts both you and the writer of the quote at risk of being sued.

You can lose your CDA Section 230 immunity from suit, offered to website owners who host third-party content, by encouraging the submission of quotes about famous people and by contributing to the content with your imitation of the famous person. You will want to do careful editing of submitted content to ensure that what is posted is not defamatory and not published with an intent to cause harm.

Again, what might be funny to you and to your contributors might not be so amusing to the famous person you are targeting.

It is easier to talk about and make fun of famous people because famous people have placed themselves in the public eye. As public figures, they have made themselves subject to the public's comments and criticisms. They are considered in many ways to be "fair game."

Even though it can be harder for a famous person/public figure to be successful with a defamation claim, this does not mean they won't sue if they feel their reputation has been harmed. And they can be (have been in the past) successful with their suits. If there is a lawsuit, you would be defendant to a plaintiff who probably has a lot more money than you have to put into a legal action.

With all of that said, you might never be sued. The famous person you target may not consider what you do a threat or enough of a threat to his/her public persona to worry about what you do or say. And it is possible that the parodies you create are done so well that no thought of a legal action even crosses the famous person's mind.

You just have to know what is most risky to publish and what is likely to be safer, and you try to limit what is most risky as much as you possibly can.

Having an attorney in your area personally review your actual plans is smart and recommended.


(CDA Section 230 overview: http://www.dmlp.org/section-230)