Parody of musical composition

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PARODY OF MUSICAL COMPOSITION

S. Hari Vallabie

1 Parody of Musical Composition



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What is Copyright? Copyright is the ownership of an intellectual

property within the limits prescribed by a particular nation's or international law. It is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. The exclusive rights include :-

Reproducing the work. To Prepare derivative works based on the work. Distribute copies of the work to the public by sale or other transfer of ownership, such as by rental, lease or lending.


https://en.wikipedia.org/wiki/Natural_and_legal_rights

https://en.wikipedia.org/wiki/Exclusive_right



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What is Copyright Infringement

What is Parody? Parody has been defined as "writing in which the

language and style of [another] author or work is closely imitated for comic effect or ridicule, often with certain peculiarities greatly heightened or exaggerated."'

Parody is “the humorous use of an existing song, play, or writing which changes the words to give farcical and ironic meaning.” Usually its common to give a satirical meaning.

Parody has long been a viable part of entertainment. It allows for comment, criticism, and humor of an existing work. Comedy sketches poking fun at an existing TV show or a popular song have proved to be important forms of art.3 Parody of Musical Composition



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IS PARODY ALLOWED?


Under Federal Copyright law, the owner of a copyright has certain exclusive rights to the use of their copyrighted works, including the right to make derivative works - works that are based upon or use elements of the original, but incorporate new elements or changes.

One exception to this exclusive right has been the right of others to use part of the work for purposes of criticism, comment, news reporting, teaching, scholarship or research which would be considered a "fair use." Such fair use has traditionally included the right to parody or satirize the original work as such use has a public benefit of comment and criticism, and because the parody, generally, does not compete with the original, as it appeals to a different audience.



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DOCTRINE OF FAIR USE


The doctrine of fair use developed over the

years as courts tried to balance the rights of copyright owners with society's interest in allowing copying in certain, limited circumstances. This doctrine has at its core a fundamental belief that not all copying should be banned, particularly in socially important endeavors such as criticism, news reporting, teaching, and research. the Fair Use Doctrine provides a way for someone to use a copyrighted work—such as a photograph, song, or film clip—without having to obtain the copyright owner’s permission first, and without getting in trouble for copyright infringement. The most common types of Fair Use involve criticism or commentary [Campbell v. Acuff-Rose Music, Inc.]

https://texasfreelance.org/the-fair-use-doctrine-what-it-means-and-what-it-doesnt-mean/

https://texasfreelance.org/i-found-this-picture-on-google-what-you-need-to-know-about-copyright/

https://supreme.justia.com/cases/federal/us/510/569/case.html



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UK

The concept of Parody has been in existence from the 14th century and its not a new one. And the very purpose of having a media is entertainment. UK Copyright Law, implementing the EU Copyright Directive, provides an exception to copyright ‘for the purposes of caricature, parody or pastiche’. This means that in principle it is possible to create parodies that re-use works protected by copyright without having to obtain permission from the rightsholders. However, it is important to note that the use of copyright works for parody purposes is only allowed insofar as it can be considered ‘fair dealing’.

However, the UK court lays down certain principles while following the same:

1. Permission should be sought when possible2. Consider the substance of work copied3. Commercial harm 4. The importance of freedom of expression


http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:167:0010:0019:EN:PDF



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INDIA


The fair use of copyrighted works for purposes such as criticism or comment is not an infringement of copyright.

But, In the case of a parody, it is not just copyright law which could come into play but also tort law and general criminal law, including the law of defamation, depending on content of the parody.

Parodies are neither explicitly allowed nor disallowed under the Copyright Act. In the case of Civic Chandran, [1996 PTR 142], the Kerala High Court had held that a ‘counter drama’ of a play — which, from the decision, appears to have been in the nature of a parody — did not infringe the copyright in the play. However, there is no body of case law in India allowing parodies across the board.

Indian case of RG Anand v. M/s Deluxe Films, 1978, the Supreme Court had stated that: ‘Where the theme is the same but is presented and treated differently so that the subsequent work becomes a completely new work, no question of violation of copyright arises.’

http://www.indiankanoon.org/doc/1734007/



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INDIA


Section 52(1)(a) of the Copyright Act, which Section allows for persons to engage in fair dealing with a work for certain specified purposes (like criticism and review) without the permission of the rights owner.

Section 107 of the Copyright Act delineates a nonexclusive list of four factors to assist courts in determining whether a given use of a copyrighted work is fair. The factors include: 1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. The nature of the copyrighted work; 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. The effect of the use upon the potential market for or value of the copyrighted work



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• There are other forms of Fair use of musical composition like:

MashupSoramimiParodyPasticheVictorian burlesqueComedy rockComposer tributes (classical music)


OTHER FORMS OF FAIR USE

https://en.wikipedia.org/wiki/Mashup_(music)

https://en.wikipedia.org/wiki/Soramimi

https://en.wikipedia.org/wiki/Parody

https://en.wikipedia.org/wiki/Pastiche

https://en.wikipedia.org/wiki/Victorian_burlesque



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Open the links to see the different kind of parody BRUNO MARS- UPTOWN FUNK PARODY https://www.youtube.com/watch?v=OPf0YbXqDm0 https://www.youtube.com/watch?v=sNK2qwx99Hc

GANGNAM STYLE PARODY https://www.youtube.com/watch?v=9bZkp7q19f0 https://www.youtube.com/watch?v=dg5LQwpTk1w

TWINKLE TWINKLE LITTLE STAR https://www.youtube.com/watch?v=Rj2QkLaaj2E https://www.youtube.com/watch?v=T_XpbmWm0NI

EXAMPLES OF PARODY




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Now the question is whether Parody amounts to plagarism

1. Two important aspects to keep in mind when comparing plagiarism to parody are ownership and imitation. In the instance of plagiarism, one artist has taken the work of another artist and written his own name on it, thus attempting to pass someone else’s work as his own. The two works are identical except when considering who “owns” them. In the instance of parody, one artist has created a product based on another artist’s work but has ridiculed or commented on aspects of it in such a way as to make both creations separate products. The parody imitates the original but does not copy it exactly. 11 Parody of Musical Composition



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WHY IS PARODY ALLOWED? A parody is a work that ridicules

another, usually well-known work, by imitating it in a comic way. Judges understand that, by its nature, parody demands some taking from the original work being parodied. Unlike other forms of fair use, a fairly extensive use of the original work is permitted in a parody in order to “conjure up” the original.




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Conclusion Bottom line: Courts (and lawyers!)

often struggle in parody cases to determine whether to classify as fair use (no permission needed) or a derivative work (permission needed) by using multi-factor balancing tests. There are no bright line rules here so proceed with caution.

The fair use of copyrighted works for purposes such as criticism or comment is not an infringement of copyright. 13 Parody of Musical Composition



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WEBSITEwww.altacit.com14 Parody of Musical Composition

*This is also a meme parody, the original quote being “one does not simple walk into mordor” in Lord of the rings.



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DISCLAIMER

Any copyrighted material in this presentation is used in fair use for the purpose of study, review or critical analysis only, and will be removed at the request of the copyright owner(s).
