united-states licensing fair-use music parody
Parody or Infringement? (United States of America)
<p>I am struggling with the difference between these definitions. </p>

<p>Q: Is this a Parody or a Copyright Infringement?</p>

<p>In a proposed  pilot for a TV/Web show aimed at children for edutainment,  one of the characters sings a parody of a popular song. It will not be the full length of the original song, just a musical intro and 1 verse.</p>

<p>If this goes forward, there are plans for  song parodies in the episodes. Can the writer be sued successfully for doing this?</p>

<p>Does it matter if the production company is  a non-profit?</p>

<p>So, my question:
Is this a parody, covered under Fair Use, or does the show need to pay a licensing fee?</p>

<p>Since the song itself will be used in a video production, would this require a sync license?</p>

<p>The question as worded implies that if something is a parody it is automatically fair use or allowed in US copyright law. This is a myth. </p>

<p>First of all, in a copyright context, the term "parody" is somewhat limited. In that sense, a "parody" is a new work which comments on the original (often but not always by mocking or ridiculing the original). A mere alternate version which modifies the form of the original, perhaps humorously, but not to comment on the original or perhaps on much of anything, is not a parody.  A new work which modifies the original to comment on something else, but <strong>not</strong> on the original, is a satire. Of course many works may be both parodies and satires in this sense.</p>

<p>See <a href="https://law.stackexchange.com/questions/8924/write-song-to-the-tune-of-a-copyrighted-song/32414#32414">this law.se Q&amp;A</a> for extensive quotes from <a href="https://law.justia.com/cases/federal/appellate-courts/F3/268/1257/608446/" rel="noreferrer"><em>Suntrust Bank v. Houghton Mifflin Co</em> 268 F.3d 1257</a> (The case of <em>The Wind Done Gone</em> vs <em>Gone with the Wind</em>) and discussion of what is and is not a parody in US copyright law, and when a parody is fair use.</p>

<p>A parody, <strong>because</strong> it comments on the original, will often be found to be a fair use of the original. But not always. The full four-factor analysis must still be done, and the results are never certain until a court has passed on the specific case. See <a href="https://law.stackexchange.com/questions/32422/is-this-copyright-infringement-is-it-fair-use-what-if-i-dont-make-any-money-o">this law.se Q&amp;A</a> for more on fair use.</p>

<p>I can't tell from the question whether the modified song is truly a parody in the sense used in copyright law. If not, it probably isn't fair use, although it might be for other reasons.</p>

<p>By the way, a song written for a television show or video to be distributed commercially is a commercial use, even if a non-profit corporation is involved, and even if there is an educational purpose.</p>

<p>Note that fair-use is a strictly US legal concept. Even if something is fair use under US law, it may be copyright infringement under the laws of some other country.</p>
