Parody and Fair Use- the estate of Roald Dahl

[WillyWonka420]

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

Check it out.

https://www.kickstarter.com/projects/196159733/1159295060?token=49f4aedb

Can this be legally done, since it's a parody? Would the estate of Roald Dahl try still try to **** all over it?

If it can be legally done, how much do you think I should aim to raise to buy an attorney to make sure I don't screw it up?

 

[Just Blue]

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

Check it out.

https://www.kickstarter.com/projects/196159733/1159295060?token=49f4aedb

Can this be legally done, since it's a parody? Would the estate of Roald Dahl try still try to **** all over it?

If it can be legally done, how much do you think I should aim to raise to buy an attorney to make sure I don't screw it up?

Ask your attorney. Don't use bad language.

 

[WillyWonka420]

Ask your attorney. Don't use bad language.

Sorry about the language.

If it can be legally done, how much do you think I should aim to raise to buy an attorney to make sure I don't screw it up?

 

[Just Blue]

Sorry about the language.

10K. or less or more.

Ask a local attorney what they woud charge.

 

[quincy]

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

Check it out.

https://www.kickstarter.com/projects/196159733/1159295060?token=49f4aedb

Can this be legally done, since it's a parody? Would the estate of Roald Dahl try still try to **** all over it?

If it can be legally done, how much do you think I should aim to raise to buy an attorney to make sure I don't screw it up?

Your link did not work for me.

True parodies are a protected form of speech, but whether a work qualifies as a parody will often be left for a court to decide. An IP attorney can provide you with an opinion, based on the laws and on past court cases interpreting these laws. Attorney fees can vary widely.

If it is a copyrighted work that is being parodied, there can be claims made of copyright infringement. If trademarks are being parodied, there can be claims of trademark infringement. Fair use/parody could be used as a defense to these claims of infringement.

It is almost always smartest, before publication or production, to have an attorney review any works or products that will be built on the rights-protected material of another or others.

 

[WillyWonka420]

10K. or less or more.

Ask a local attorney what they woud charge.

Well that doesn't sound too bad.

Anybody have any attorney recommendations?

 

[Just Blue]

Well that doesn't sound too bad.

Anybody have any attorney recommendations?

www.yellowpages.whereyoulive/org

Honestly...Consult with a local attorney..And this site ddoes not give referals.

 

[quincy]

Well that doesn't sound too bad.

Anybody have any attorney recommendations?

You can check out your state bar association for IP attorneys in your area: http://www.ohiobar.org/

 

[WillyWonka420]

Your link did not work for me.

Tried to copy paste the article but I guess a mod needs to approve it?

Anyway thanks guys, I will do as you suggest.

 

[quincy]

Tried to copy paste the article but I guess a mod needs to approve it?

Anyway thanks guys, I will do as you suggest.

New posters generally cannot post links without moderator review. Posts with links are flagged. And no one is allowed to copy and paste any copyrighted article, without permission of the copyright holder.

You can visit the Roald Dahl official website to see what is acceptable use of the rights-protected material, what is not, and how you can acquire a license to use the material for or in a project of your own. http://www.roalddahl.com/global/contact-us

 

[single317dad]

I would change the title character's name. Beyond that, I doubt general psychedelic themes and the basic storyline would be too much of a concern. The problem is you could be sued even if the other party doesn't have much of a case, and the lawsuit could cost you much more than any award or settlement. See: patent trolls for examples.

 

[quincy]

I would change the title character's name. Beyond that, I doubt general psychedelic themes and the basic storyline would be too much of a concern. The problem is you could be sued even if the other party doesn't have much of a case, and the lawsuit could cost you much more than any award or settlement. See: patent trolls for examples.

The link worked for you, single317dad?

For a parody, the title character's name could be used. The storyline could also be used. What is more important will be how the elements of the original work are presented to the public in the new work.

Courts first look at whether the new work comments on (critiques) the original work or if it is just using the original work to promote itself (borrowing names to attract consumers). The new work must, in some way, transform the old work (giving it new meaning). If it only uses the old work (the characters, the story) to build a new work, it could more easily be seen as a derivative of the original and, therefore, an infringement.

If a court finds that a work is a parody, it then looks at fair use factors (purpose of use, nature of work, amount used, effect on the value of or market for original).

I agree with you that if a lawsuit arises, it often doesn't matter if you are right or wrong if you do not have the money to defend against the suit.

 

[single317dad]

The link worked for you, single317dad?

For a parody, the title character's name could be used. The storyline could also be used. What is more important will be how the elements of the original work are presented to the public in the new work.

Courts first look at whether the new work comments on (critiques) the original work or if it is just using the original work to promote itself (borrowing names to attract consumers). The new work must, in some way, transform the old work (giving it new meaning). If it only uses the old work (the characters, the story) to build a new work, it could more easily be seen as a derivative of the original and, therefore, an infringement.

If a court finds that a work is a parody, it then looks at fair use factors (purpose of use, nature of work, amount used, effect on the value of or market for original).

I agree with you that if a lawsuit arises, it often doesn't matter if you are right or wrong if you do not have the money to defend against the suit.

Well, last night it worked. Today the link returns a 404 and the project is no longer listed on Kickstarter.

Willy Wonka and the Cannabis Factory was the title.

 

[Zigner]

Well, last night it worked. Today the link returns a 404 and the project is no longer listed on Kickstarter.

Willy Wonka and the Cannabis Factory was the title.

Did the OP really think he'd get "Willy Wonka and the anything" through?

 

[quincy]

Well, last night it worked. Today the link returns a 404 and the project is no longer listed on Kickstarter.

Willy Wonka and the Cannabis Factory was the title.

I did not even get a 404 when I tried it. But I guess I am not surprised the project is no longer listed on Kickstarter.

Any project with "Willy Wonka and the Cannabis Factory" as its title would have more than copyright infringement, trademark infringement and publicity rights to worry about. The title can also be looked at as disparagement.

A good comparison could be Dr. Seuss Enterprises, Inc v Penguin Books USA, 109 F.3d 1394 (9th Cir. 1997), a copyright infringement case that pitted the rights in Dr. Seuss' "The Cat in the Hat" against a purported parody titled "The Cat NOT in the Hat," a story about the O.J. Simpson murder trial.