# The purpose of parody in fair use copyright laws? **URL:** \ **Category:** Factual Questions\ **Created:** [December 1, 2006, 1:18pm UTC](https://boards.straightdope.com/t/the-purpose-of-parody-in-fair-use-copyright-laws/382462 "2006-12-01T13:18:01Z")\ **Posts on this page:** 8\ **Page:** 2
**Author:** ![KGS](https://avatars.discourse-cdn.com/v4/letter/k/90ced4/32.png) [@KGS](https://boards.straightdope.com/u/KGS)\ **Post date:** [December 2, 2006, 12:20am UTC](https://boards.straightdope.com/t/the-purpose-of-parody-in-fair-use-copyright-laws/382462/21 "2006-12-02T00:20:30Z")
More recently, there’s the legal brouhaha of Sony vs. Beatallica. From [Wikipedia:](http://en.wikipedia.org/wiki/Beatallica) > [@](#): > > _On February 17th, 2005, a cease-and-desist notice was sent to Beatallica by Sony/ATV Music Publishing, a company which holds rights to most of the Beatles catalogue. The notice states that the “music”, “news” and “merchandise” sections of the official Beatallica website constitute a copyright violation and should therefore be taken down. In response to this, a petition requesting Sony/ATV Music Publishing to retract its threat of legal action was created. The band was saved from further legal action by Metallica drummer Lars Ulrich, who offered to provide assistance with legal negotiations and also asked Metallica’s longtime attorney to try to defuse the situation with Sony. Ultimately, Sony decided not to pursue legal action against Beatallica, but maintains the right to do so in the future if necessary._ Considering how much power the media industry holds over our current administration, I shudder to think what would’ve happened to our civil rights had this issue reached a federal courtroom… ---
**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\ **Post date:** [December 2, 2006, 4:10am UTC](https://boards.straightdope.com/t/the-purpose-of-parody-in-fair-use-copyright-laws/382462/22 "2006-12-02T04:10:20Z")
Actually, IIRC, “Happy Birthday” is now in the public domain, is it not? ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [December 2, 2006, 4:17am UTC](https://boards.straightdope.com/t/the-purpose-of-parody-in-fair-use-copyright-laws/382462/23 "2006-12-02T04:17:46Z")
No, it’s not. [has the copyright on “Happy Birthday” expired yet?](http://www.straightdope.com/columns/000728.html) ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [December 2, 2006, 1:53pm UTC](https://boards.straightdope.com/t/the-purpose-of-parody-in-fair-use-copyright-laws/382462/24 "2006-12-02T13:53:03Z")
[QUOTE=Tyrrell McAllister] Assuming that I have now destroyed any chance for a parody defense, did my post #5 qualify as copyright infringement? [/QUOTE] Fair use also covers uses for educational purposes, criticism, political discussion, etc. I’ll go out on a limb and say this is probably not infringing. ---
**Author:** ![stuyguy](https://avatars.discourse-cdn.com/v4/letter/s/ec9cab/32.png) [@stuyguy](https://boards.straightdope.com/u/stuyguy)\ **Post date:** [December 2, 2006, 4:26pm UTC](https://boards.straightdope.com/t/the-purpose-of-parody-in-fair-use-copyright-laws/382462/25 "2006-12-02T16:26:23Z")
This is a fascinating thread that I intend to read in its entirety when I’ve got the time. I’ve only skimmed it now, so forgive me if this has been covered (though I don’t think it has). > [@](#): > > t-bonham wrote: > Even if you or someone else actually sang this in a performance, a good lawyer could argue that it was parody; that the meaningless la-la-la lyrics were intended to show how meaninglessly people sing Happy Birthday, even for people they don’t know or don’t like. This comment inspired my question, which is this. Let’s say I copy a work, like a song, **unchanged** and **completely** , but I _perform_ it in such a way as to parody it, would I be protected? I’m asking, essentially, if style or tone can convey parody, or just content? ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [December 2, 2006, 5:18pm UTC](https://boards.straightdope.com/t/the-purpose-of-parody-in-fair-use-copyright-laws/382462/26 "2006-12-02T17:18:00Z")
Song performances are covered by what are called mechanical licenses. You always have the right to sing a song in any fashion you want, as long as you pay any necessary royalties given the situation. Cecil covered it [here](http://www.straightdope.com/classics/a1_324b.html). ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [December 2, 2006, 7:02pm UTC](https://boards.straightdope.com/t/the-purpose-of-parody-in-fair-use-copyright-laws/382462/27 "2006-12-02T19:02:48Z")
What if I write different lyrics to an existing song, but not parody lyrics. I keep the exact music, just change the lyics. Can I do this if I give full credit for the music to the original author, or do I need to seek permission from them first before publishing my new song? ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [December 2, 2006, 7:59pm UTC](https://boards.straightdope.com/t/the-purpose-of-parody-in-fair-use-copyright-laws/382462/28 "2006-12-02T19:59:16Z")
[QUOTE=pkbites] What if I write different lyrics to an existing song, but not parody lyrics. I keep the exact music, just change the lyics. Can I do this if I give full credit for the music to the original author, or do I need to seek permission from them first before publishing my new song? [/QUOTE] > [@](#): > > (2) A compulsory license includes the privilege of making a musical arrangement of the work to the extent necessary to conform it to the style or manner of interpretation of the performance involved, but the arrangement shall not change the basic melody or fundamental character of the work, and shall not be subject to protection as a derivative work under this title, except with the express consent of the copyright owner. > **[17 U.S. Code § 115 - Scope of exclusive rights in nondramatic musical works:...](https://www.law.cornell.edu/uscode/text/17/115)** [Previous page](https://boards.straightdope.com/t/the-purpose-of-parody-in-fair-use-copyright-laws/382462.md?page=1)