What qualifies as parody?

Get Legal Help Today

 Secured with SHA-256 Encryption

What qualifies as parody?

If I have fan-art made of “Star Wars” characters but they are all cartoonish and morbidly obese could I sell/display them?

Asked on September 19, 2011 under Business Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Parody is really a defense in a  case of copyright infringement.  The issue is whether or not the use is "fair use" of the alleged infringed copyright or trademark.  Unfortunately, there is no easy yes or no answer in this case.  Courts deal with the matters on a case by case basis looking at various factors including the actual product or art work themselves.  So I would say that you should err on the side of caution and take what you have developed to an attorney that deals with copyright and trademark law and discuss the issue with him or her.  Bring your cartoons.  It is better than starting to sell them and then having a cease and desist letter come in the mail.  May the force be with you. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption