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Legalities surrounding satirical works

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numberstrong

Junior Member
I live in Massachusetts.

Here is my situation. I have re-written the lyrics to a very popular song so as to turn the song into a topical political satire. I want to post a recording of this song on YouTube. The audio would be a backing track lifted from an existing karaoke version of the song, with me singing my own lyrics over that track. The visuals would be a series of still images meant to humorously illustrate the lyrics of the song. Technically I would not be making money off the video itself, since I would refuse to accept advertising on it, but I would hope that the video could generate enough public interest for me to sell merchandise associated with it (t-shirts, hats, stickers, etc.). These merchandise items would NOT contain an audio recording of the song or a depiction of the original artist who performed it.

Now that I've laid out the situation, here are my two questions.

1. Is it legal for me to use the existing karaoke version for the backing track of my song? Would I need to write for permission to the creator of the original work? What about the creator of the karaoke version? (I actually suspect that the karaoke version is a digitally altered version of the original work - does that matter, from my perspective?)

2. When creating this video, can I use images from the Internet as the visuals? Would I need to restrict myself to using only images specifically listed as being in the public domain? (The alternative is me hiring an illustrator to do cartoons, which I am willing to do, but obviously if I can get at least some of the images legally and without needing to pay an illustrator, that would be ideal.)

Thank you so much for your help!What is the name of your state (only U.S. law)?
 


tranquility

Senior Member
Do you have the rights to rebroadcast the karaoke version?

Do you have the rights to use the copyrighted pictures off the internet in your video?

I bet you will be sued over this, so, do you have money for an attorney to defend your actions?
 

numberstrong

Junior Member
I have not obtained licenses, no. If I wish to do this, would I need to obtain mechanical licenses from both the creator of the original work and the creator of the karaoke version?

The other route I could go is hiring my own engineer to put together a backing track (still mimicking the original song) and hiring an illustrator to create visuals. Although this would be expensive, it would be nothing compared to retaining legal counsel, and NOTHING compared to the amount of a potential lawsuit.

If I do decide to hire an engineer and create a new karaoke version of the song, how could I create the work while respecting the legal rights of the creator of the original work? I'm not an Internet warrior of free use or anything; I respect the rights of copyright holders and want to do right by them, even if doing so requires hassle and expense.
 

xylene

Senior Member
There is no way you can cobble together what you want to do.

Hire an engineer / musicians to make the music.

Hire an illustrator / graphic artist.

Parody is a legitimate form of expression.
 

tranquility

Senior Member
I have not obtained licenses, no. If I wish to do this, would I need to obtain mechanical licenses from both the creator of the original work and the creator of the karaoke version?
Probably. The karaoke company almost assuredly does not have the rights to rebroadcast the music in other than a karaoke setting. But, since you are using their work too, you need their permission as well as the actual work's owner.
If I do decide to hire an engineer and create a new karaoke version of the song, how could I create the work while respecting the legal rights of the creator of the original work? I'm not an Internet warrior of free use or anything; I respect the rights of copyright holders and want to do right by them, even if doing so requires hassle and expense.
I am a big opponent to the current IP scheme and hate the changes the powers that be want to make. But, I'm a realist. The law is worded quite broadly and almost any time there is a genuine question the only realistic answer is that it is a violation. I agree those who do work should be paid. In the plan you're making, it is important to dot all the i's and cross all the t's. The only way to assure yourself of doing it properly is to get permission. Even having an attorney review your specific plan is no guarantee.
 

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