Comments on: Comments on 1505

Post number 1505

Neale — Sat, 29 Apr 2000 18:25:02 -0800

"we're just two schmucks who thought something was funny." Yet more elian/true news (like you needed more). The two playboy guys have backed down from the AP bully boys. if you are running a mirror site, send in a link to these guys and they'll link to you. With over 1,000,000 visitors in the past couple of days, it might be worth the e-mail.
Meanwhile Salon also has a run down on the story.

By: EricBrooksDotCom

EricBrooksDotCom — Sat, 29 Apr 2000 19:41:22 -0800

KEWL! I started running it on my site, because Tom Fulp at Newgrounds is a buddy of mine, whom I owe a ton of my "Flash Savvy" to.... Besides, I love a good fray! (No pun or reference to Mr. Powazek intended)

By: Steven Den Beste

Steven Den Beste — Sat, 29 Apr 2000 20:58:11 -0800

As to the Salon story, I can well understand why the Playboy lawyer is not concerned. This is clearly parody, and that is explicitly permitted under the "fair use" provision of the copyright law. AP hasn't got a legal leg to stand on here.

By: baylink

baylink — Sat, 29 Apr 2000 21:01:59 -0800

Well, Steven, as I noted in another thread, it's parody, yes, but not of the photos in question; at least, not directly. Satire, maybe...

By: dhartung

dhartung — Sun, 30 Apr 2000 10:10:27 -0800

Baylink, doesn't matter. Say SNL does a sketch on the first family à la American Beauty (damn, good idea there). Does that mean that Mendes and Ball get to sue?

By: jkottke

jkottke — Sun, 30 Apr 2000 12:00:29 -0800

>doesn't matter Actually, it does matter. Just because something is a parody of one thing doesn't mean you can illegally use other things (which are not being parodied) to produce it. Parody is not this huge brush that exempts the producer of the parody from all legal liability regarding any copyrighted materials used. Can you steal stock photos from Photodisc to produce a parody? What about using a typeface you didn't pay for? Using scanned photos from the Communication Arts photography annual?

By: Steven Den Beste

Steven Den Beste — Sun, 30 Apr 2000 13:51:12 -0800

I think a good case can be made that the incongruous juxtaposition of the picture and the soundtrack results in a parody of both the picture and the sound track. I certainly viewed it that way. Anyway, I think it's defensible in court on that basis.