Latest / Randy Unscripted / Can You Legally Parody Something? - NaPodPoMo 2025 #8

Transcript

Can You Legally Parody Something? - NaPodPoMo 2025 #8 · Randy Unscripted

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  Randy Black: Randy Black.
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  Randy Black. Randy Black. Randy Black. Randy Black. Randy Black. Black. Randy Black. Black. He's a troublemaker. Hey there, and welcome back to Randy Unscripted.
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  I'm Randy Black, and this is another entry
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  into my napod promo series. That's national
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  podcast post month where podcasters
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  all across the globe take on the challenge of creating 30 episodes
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  in thirty days.
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  Each day this month, I'm exploring topics where technology
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  or or law or creativity all meet. And today,
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  we're looking at something that affects
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  anybody who who makes or enjoys
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  creative content, and that's the idea of parody
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  and fair use.
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  So let's start with the question that so many creators ask.
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  If I make a parody song, video,
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  or or other copyrighted work,
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  do I need permission?
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  Well,
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  in The United States, the answer is usually no because
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  parody is often protected
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  under fair use.
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  Now
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  what does that exactly mean?
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  Well, fair use is a is a principle
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  that exists in copyright law that allows people to use
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  portions or pieces of copyrighted material
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  without the original creator's permission
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  as long as that use
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  meets the definition of being transformative.
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  In other words,
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  it has to either
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  add new meaning,
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  add context,
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  must have be commentary
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  on the original. So it has to be something that changes it, makes it and and changes it in some way.
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  And parody fits that description because
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  it takes an existing work and turns it into commentary
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  or into humor.
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  It transforms
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  the original.
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  It does not just copy it.
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  One of the most famous cases
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  around parody is Campbell
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  versus A. Cuff Rose Music Inc. From 1994.
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  The United States Supreme Court ruled that the rap group, two live crews parody of Roy Orbison's old pretty woman was protected
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  under fair use even though it was commercial.
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  The court said that parody
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  has to use enough of the original to conjure it up, but must clearly comment on it or critique it.
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  That decision
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  really cemented parody
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  as as an important form of protected speech here in The United States.
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  To decide whether something
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  qualifies
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  as fair use,
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  courts generally look at four factors.
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  The first factor is purpose and character of the use.
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  So they're gonna ask questions.
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  Is it transformative?
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  Does it add new meaning or or provide insight on the original?
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  The second factor is the nature of the original work.
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  Creative works get much stronger protection
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  than factual ones do, so keep that in mind.
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  The third factor is the amount of substantiality
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  used.
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  Only what's necessary should be used to make the point.
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  Pretty fair factor there.
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  And the last factor is the effect on the market.
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  The parity
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  shouldn't replace
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  or compete
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  with the original work.
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  So when your parody
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  clearly transforms the material, say it's
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  mocking the tone of a song or it's it's commenting on a cultural trend,
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  you're more likely to fall under fair use.
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  So let's fast forward to some more recent times.
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  A few years ago, the Supreme Court revisited
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  this topic,
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  and that was the case of the Andy Warhol Foundation
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  versus Goldsmith.
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  That case clarified
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  that style alone
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  doesn't automatically
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  make something transformative.
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  If your new work serves the same commercial purpose as the original, say,
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  both are used as magazine covers,
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  it might not be fair use.
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  But courts have continued to uphold the special place parody holds.
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  If your parody is directly critiquing or or making fun of the original, you're usually on much safer legal ground.
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  That distinction matters especially in an age where AI tools can remix and reimagine media almost instantly.
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  The speed of technology doesn't change the core principle.
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  Parody is about commentary,
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  not just imitation.
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  And we've seen parody everywhere, and it's often how culture
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  talks to itself.
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  Think of these, for example. How about the onion? The onion satir satirizes
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  is a satire website. It satirizes the news media.
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  Look at South Park and Saturday Night Live. Both are parodying public figures and pop culture aspects of our lives.
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  And the big one that I love is Weird Al Yankovic.
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  His music spoofs hit songs.
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  Even though he asks for permission from the artist as a courtesy,
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  he's not required to do it. The law does not make him do that.
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  He's protected.
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  These examples remind us that parody isn't just about humor.
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  It's a form of social commentary.
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  It lets people critique,
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  expose hypocrisy,
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  or just make us laugh while seeing the familiar
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  in a new light.
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  If you're a creator who's considering parody, here's a few quick tips to stay on the safe side.
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  First, make sure your work clearly comments on or it critiques the original.
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  Next, use only what's necessary to make your point.
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  Then avoid replacing the original in the market.
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  And finally,
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  and if you're unsure,
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  if your parody has a commercial angle, talk with an intellectual property attorney. Get legal advice.
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  Here's something to think about.
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  As AI and and digital tools make parody creation faster than ever,
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  will our copyright laws keep up?
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  How can we protect both the rights of creators and and the freedom to comment and critique and parry the world around us.
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  That's
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  a conversation
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  that goes far beyond entertainment.
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  That's about creativity
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  itself.
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  Well, that wraps up another napod promo entry for Randy unscripted.
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  I'm sharing a new episode every day this month exploring how technology,
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  creativity,
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  and human expression continue to shape our world. If you're a fellow podcaster, I'd love to encourage you to jump in on the napod promo challenge. Don't overthink it. Just start talking. Start creating.
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  Start sharing your perspective.
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  Every voice adds something
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  new to the mix.
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  Until next time, stay curious,
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  stay bold, and I'll catch you on the next episode of Randy unscripted.
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  Excellent.