Re: Parodies (was: Re: Tacky Awards ( February 1998))

[Tony Abruzzese <abruzzese@med-biochem.bu.edu>]

Garrett Wollman wrote:

>
> I think the idea that Bob was referring to arises out of text in the
> Fair Use clause (17 USC 107, for those following along at home) which
> suggests that those interpreting it take into consideration whether
> the use is ``of a commercial nature''.  I could imagine, although I
> don't have the legal references you do, that some court might have
> interpreted this clause as excluding /any/ sale of a derived work
> created subject to Fair Use.  The report of the House committee
> accompanying the enacting legislation clearly shows Congress's intent
> was to protect at least limited use in a parody.  (See LII.)
>

With regard to fair use, -- and I am not sure that fair use even applies here because
of the potential commercial value of the derivative work-- one of the factors in
determining a fair use of copyrighted material is whether or not the use limits the
market for the material. In the case of a "Wierd Al" parody of a song, the use not only
expands the market for the melody, but,the composer(s) gets songwriting credit and
collects royalties on sales, airplay, etc. on both versions of the song -- In other
words (no pun intended), the song's use puts more money in the pockets of the composer.

The real question in the case of music lies in determining the status of the work.
Specifically, does combination of  new set of lyrics with an existing melody constitute
a "derivative work" or can it be considered a new work with a separate copyright? This
does not apply only to parodies. Jon Hendricks (of Lambert, Hendricks and Ross) has
written many lyrics for big band instrumental arrangements in which voices sing the
parts of the different instruments (vocalese) in the original arrangements. Two other
examples of non-parodies are the Manhattan Transfer's version of Weather Report's
"Birdland" and Swing Out Sister's "Am I the Same Girl?" (Soulful Strut). I do not
remember the writing credits on either of these recordings, does anyone know of an on
line source for this type of information if you cannot get it at the record label
sites?

Question: In the case of a local radio station playing a parodized song, wouldn't their
existing ASCAP, BMI, and SESAC broadcasting licenses cover the issue of use and
determine the royalty due the copyright holder?

- --
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Tony Abruzzese                e-mail: abruzzese@med-biochem.bu.edu
Network Administrator                      Biochemistry Department
            Boston University School of Medicine
Telephone:617.638.5092                            Fax:617.638.5339
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