Wilson, Cicely. “Fair Use.” Stanford University Libraries (2007): Web.
This article starts by defining fair use then goes into much greater detail about the four factors of measuring fair use: the purpose and character of your use, the nature of the copyrighted work, the amount and sustainability of the portion taken, and the effect of the use upon the potential market. It also includes information about “fifth” factor, the subjective judgment of whether it is “right or wrong”. This does prove as a possible limitation, however, because the factors differ slightly from other sources.
This article is important because it clearly defines a lot of the more ambiguous terms that copyright entitles. Specifically, for my project, I will use the music cases mentioned as well as the examples provided of the grey area of fair use and disagreements that lead to law suits.
Rich, Lloyd L. “Parody: Fair Use or Copyright Enfringement.” The Law Publishing Center
(1999): Web.
Denver lawyer Lloyd Rich starts by defining what a parody consists of. He then argues for the rights of those creating the parodies. He uses the Fair Use defense but further categorizes the definition of Fair Use into four categories: Purpose and Character of Use, Nature of Copyright Work, Amount of Substantiality of the Portion Used of the Copyrighted Work, and Effect of Potential Market or Value of the Copyrighted Work.
This article is important because it gives more definitions and categories of Fair Use. I like this site for the purpose of my project because Mr. Rich writes the whole article in a position that defends parodies and the work of artists like Weird Al Yankovic. It is limited in the fact that the definitions differ from that of other sites.
Verna, Anthony. “’Weird Al’ Yankovic vs. Those Who Don’t Understand.” Trademark,
Copyright, and Entertainment Law Forum (2006): Web.
The author, Anthony Verna, a lawyer from New York, NY, explains specific conflicts “Weird Al” Yankovic has experienced with some of the artists’ songs he does parodies of. This article also uses U.S Code Title 17 which is a settled law that states that any parody is covered under the fair use under the United States Copyright Statute. Verna also mentions the position the record label has in the whole copyright argument.
This article is a good source because it is one of the few I have that state the issues from the point of view of a record company not an artist, courtroom, or listener. This article is also special because it has quotes from “Weird Al” himself regarding artists like James Blunt and label companies like Atlantic. I will be able to use these quotes in my work. The limitation of this work, just like any good lawyer, could be its bias toward the defense.
“Fair Use.” U.S. Copyright Office (2009): Web.
This article from the U.S. Copyright Office gives a little more history about the copyright
laws in existence now. It mentions the 1961 Report of the Register of Copyrights on the
General Revision of the U.S. Copyright Law. It also goes into detail of section 107 of the
U.S. Copyright Law. This article has no limitations as it merely states all the facts and figures associated with current laws.
It is important for me during this project to understand the history of copyright laws and
why current artists should respect them. Also, important to note, this U.S. government
source makes it a point to mention the fine line between fair use and infringement. The
government suggests consulting an attorney if readers have any more questions giving
more merit to all my sources from various law offices.
Weird Al Yankovich. “Amish Paradise.” Bad Hair Day (1996): Musical Lyrics
I will be using the lyrics to several Weird Al Yankovich songs as well as the original
songs they are parodies of. This song, produced in 1996 was one of Weird Al
Yankovich’s less controversial songs but most famous. It is a parody of Coolio’s
“Gangster’s Paradise”.
I think it is important to use specific examples from his works of parody while discussing
the nature of the Fair Use and Copyright Laws. With an artist like Weird Al Yankovich,
I will have a plethora of lyrics and parodies to draw examples from. The only limitation of any lyrics is that we are only privy to the final version not any drafts or thoughts Weird Al Yankovich had while composing his parodies.
“Copyright Fair Use: Case Law and Legislation.” Duke Law Journal 1969.1 (1969): 73-109.
Print.
This article from Duke University School of Law, preserved on JSTOR, is one of the original explanations published for copyright material. It discussed the development of copyright protection. Also, this article makes sure to separately define copyright and infringement. These two are easily confusable. The age of the article is a limitation as a few aspects have changed and adapted with the changing times.
This is important for my project to understand the position of those who oppose the parodies of Weird Al Yankovich on constitutional issues as well as infringement or
fair use. This article will also be useful to my project because it outlines proper appropriation and substantial similarity, both important with the parodies of Weird Al Yankovich.
Rubenfeld, Jed. “The Freedom of Imagination: Copyright’s Constitutionality.” The Yale Law
Journal 112.1 (2002): 1-60. Print.
This work, found on JSTOR, is an excellent summary of the rules, definitions, and history of my entire project. These sixty papers outline fair use, the idea of expression, the first amendment, the protection of art, imagination vs. lying, and constitutionalzing copyright.
This article is important because it goes into much more detail of how current laws blur the distinction between reproductions and derivative works. Weird Al Yankovich’s work agrees with much of the talk of expressive freedom and art discussed in this Yale Law University article. The only limitation is that the article is very broad and not just referring to the music industries and the work of parodies.
Foulcault, Michel. “What is an author?” (1969): Print.
As discussed in class, in this article Foulcault examines what it means to be an author. He delves into past authors, present authors, and what future authors will look like. He addresses power and the reasons a famous name is important and makes such a difference.
The main reason I am using this article is because I agree with almost everything Foulcault has to say. I also think it is pertinent to my project and his points give merit and validity to the parodies of Weird Al Yankovich. A limitation is that this is just one man’s opinion and many oppose it.
Lessig, Lawrence. Remix: The Art and Commerce Thrive in the Hybrid Community. (2008):
Print.
Lessig has very interesting insights into copyright laws and how they should be adapting and changing to avoid a raging war. He boldly claims current copyright laws are corrupted and outdated. His new additions would not only make the life of Weird Al Yankovich easier, but also all the budding multimedia authors in the world.
The limitation is that Lessig’s work is very broad and doesn’t necessarily examine the parodies of music exactly. I still think Lessig’s work is important for my project because he is talking about a change in the entertainment industry as we know and that is what Weird Al Yankovich has been doing for decades now.
Donaldson, Michael. “Weird Al Finds Gold – Parody, Satire, and Jokes.” Web.
This entertainment attorney breaks down the actions of Weird Al Yankovich very simply. He uses the four factors mentioned in other works but also incorporates aspects like humor that could be attributed the legalization of other parodies as well. The limitation, again, is that the author is a lawyer and has a bias for his view of the argument he is posing.
This is important for my project because it demonstrates yet another voice that is for the imagination of the parodies of Weird Al Yankovich. I will be able to use several quotes from this source because it is so plainly stated. The author also has a book entitled Clearance and Copyright which might have some helpful information for my topic as well.
