Spoof & Parody Shirts Question...

1917 Views 4 Replies 5 Participants Last post by Solmu, Sep 7, 2008

bdemon

Discussion Starter · Sep 3, 2008

I was looking at the Johnny Cupcakes shirt that's a parody of E.T., only it's cupcakes flying over the moon instead of the bike...or something like that. I had a similar idea (not with E.T. or cupcakes) and was wondering about the legalities of that. As long as it's a blatant parody and no actual copying of the original image is used, all is ok?

I did a quick search of the threads, basically saying talk to an attorney. On the list...

Save

1 - 5 of 5 Posts

CUSTOM UK

· #2 · Sep 3, 2008

Hi. As someone will soon point out, it isn't appropriate to give legal advice on this forum.

Parody doesn't give automatic exemption from someone taking you to court, if they don't like what you've done.

Save

Jasonda

· #3 · Sep 3, 2008

Like Will said, even if something is really a parody and not a copy, it doesn't stop them from taking you to court, because these issues are not black and white. If you want to do parody, you simply either have to get permission or just be ready and willing to go to court to defend yourself.

Save

bargaincrusader

· #4 · Sep 5, 2008

My attorney pretty much said if the judge laughs you win, if not you lose. We also wanted to make parodies of army movie posters, and that is how she replied. So as stated above it is a risk, and the outcome may depend on whether the judge had a good day or not. However you may want to check with an attorney to confirm this. As they say "If 2 people say the same thing it must be half true"

Save

Solmu

· #5 · Sep 7, 2008

bargaincrusader said:
My attorney pretty much said if the judge laughs you win, if not you lose. [...] the outcome may depend on whether the judge had a good day or not.

Not exactly a golden rule you can make a comfortable decision from, but there's probably truth to this.

Parody cases have gone both ways. Personally I think the trend will be more and more against fair use and exceptions in future (not a legal opinion, but it seems to be the way copyright law has progressed throughout the 20th and 21st centuries, thus far).

Save

1 - 5 of 5 Posts

This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.

Top Contributors this Month