Fair Use as It Pertains to a Sports Parody Program

[JustSomeGuy1]

What is the name of your state (only U.S. law)? Indiana

I have a YouTube channel that is quickly growing in popularity, and I'm a bit concerned about potential issues with copyright infringement. As of right now, the show is not monetized in any way, but with its growing popularity, offers have began to stream in.

My show is a news parody that pokes fun of one particular sport. Think 'Weekend Update' from SNL but with a much narrower focus...and it's a cartoon. The show runs every Wednesday, and I run through things happening in the sport with a comedic twist. The stories are by no means breaking, some have happened as far back as a week previous to the episode airing. While I talk about what is happening, various pictures that I have pulled from other sites about the sport are shown to the right of my animated character.

Everything I have read about fair use is vague and while I know it couldn't stop a lawsuit if someone decided to take me to court, could I make the argument that my use of the pictures is covered by fair use if my show is an animated news parody?

If not, is there a way to cover myself? I understand that could ask each photographer for their permission, but with the amount of pictures used, and the speed in which the show is created, that is not a viable solution at this time.

Any and all comments will be helpful. Thank you so much for your time.

 

[justalayman]

While I talk about what is happening, various pictures that I have pulled from other sites about the sport are shown to the right of my animated character.

first, realize that the owner of the copyright may or may not be the entity whose works you are using as the target of your parody. Often times the images are merely licensed by entities such as news stations. If so, it tosses another layer of complexity into the situation.

but with the amount of pictures used, and the speed in which the show is created, that is not a viable solution at this time.

that's an odd statement. There are many weekly, and even daily programs that obtain proper licensing for images they use. It may not be viable...for you but that is irrelevant. Professional producers act in a professional manner. If it is required, that statement is not a viable excuse or defense.

here is a site from the US copyright office. It might be of some use to you:

http://www.copyright.gov/fls/fl102.html

you can also read through some of these cases in an attempt to determine if your use is allowable:

http://scholar.google.com/scholar?as_q=parody+copyright&as_epq=&as_oq=&as_eq=&as_occt=any&as_sauthors=&as_publication=&as_ylo=&as_yhi=&btnG=&hl=en&as_sdt=2%2C15

actually wikipedia gives some decent info with a few specific cases to review for direction:

http://en.wikipedia.org/wiki/Fair_use#Fair_use_and_parody

also realize that deriving profit from the work is not the determining factor as to whether you are violating the copyrights. Copyrights protect in the most basic fashion: they allow the owner to control the right to reproduce their work. Not profiting from using their work is not a defense to copyright infringement.

while the use might (I believe it likely is although the issue of the true owner of the work throws me) covered under parody based on the minimal information you have provided. The problem: it requires a court to make that call. If the party objecting to your use wants to spend a couple bucks (actually, lots and lots of bucks. A suit will get real expensive real fast), you have no choice but to present a defense or comply with whatever they demand of you.

 

[JustSomeGuy1]

first, realize that the owner of the copyright may or may not be the entity whose works you are using as the target of your parody. Often times the images are merely licensed by entities such as news stations. If so, it tosses another layer of complexity into the situation.

that's an odd statement. There are many weekly, and even daily programs that obtain proper licensing for images they use. It may not be viable...for you but that is irrelevant. Professional producers act in a professional manner. If it is required, that statement is not a viable excuse or defense.

here is a site from the US copyright office. It might be of some use to you:

http://www.copyright.gov/fls/fl102.html

you can also read through some of these cases in an attempt to determine if your use is allowable:

http://scholar.google.com/scholar?as_q=parody+copyright&as_epq=&as_oq=&as_eq=&as_occt=any&as_sauthors=&as_publication=&as_ylo=&as_yhi=&btnG=&hl=en&as_sdt=2%2C15

actually wikipedia gives some decent info with a few specific cases to review for direction:

http://en.wikipedia.org/wiki/Fair_use#Fair_use_and_parody

also realize that deriving profit from the work is not the determining factor as to whether you are violating the copyrights. Copyrights protect in the most basic fashion: they allow the owner to control the right to reproduce their work. Not profiting from using their work is not a defense to copyright infringement.

while the use might (I believe it likely is although the issue of the true owner of the work throws me) covered under parody based on the minimal information you have provided. The problem: it requires a court to make that call. If the party objecting to your use wants to spend a couple bucks (actually, lots and lots of bucks. A suit will get real expensive real fast), you have no choice but to present a defense or comply with whatever they demand of you.

Thanks for the quick response! I appreciate the links. I'll look them over and determine what I should do from there.

I shouldn't have said viable, I guess what I meant was that as the only person who creates the show, it would be challenging. And while I didn't think that would hold up in court, LOL. I was just hoping there was an easy solution.

Thanks again! I appreciate the information!

 

[justalayman]

when it comes to copyright law, especially attempting to argue fair use, especially with parody as the basis of the defense, nothing is easy or simple.

 

[JustSomeGuy1]

when it comes to copyright law, especially attempting to argue fair use, especially with parody as the basis of the defense, nothing is easy or simple.

That is the impression I'm starting to get. Thank you again!