moretimethansense said:
Correct me if I'm wrong but wouldn's this fall under fair use?
Particularly because this is a tribute/parody that isn't being charged for
cerebus23 said:
8 bit songs plus no money being charged for the thing equals fair use in my book, especially since you can listen to the all or most of those songs on utube in full definition with lyrics and actual instruments.
dakorok said:
I feel that the majority of this could be protected under "fair use", but I commend Ruth's civility in the whole exchange.
CrystalShadow said:
What I don't get is what happened to 'fair use'.
Fair use covers reasonable minor exctracts of materials, but it also provides legal protection to parody works, or even critics for the purposes of being able to do their job at all.
After all, could a film critic do anything if they needed the permission of the copyright holder? They'd end up being coerced into only saying positive things.
Similarly, what copyright holder is ever going to give permission for a parody?
Along the same lines, how else are you supposed to make a project like this happen at all?
Shouldn't this be something that deserves some protection under the notion of 'fair use?'
Nope. Contrary to what a lot of people think, "fair use" doesn't just mean "It's legal as long as you're not charging money" or even "It's legal as long as it's already accessible for free"; if that were true, piracy would be legal. And this isn't really a parody either. Weird Al actually writes new lyrics and makes the songs into jokes. That's what a parody is. This is more like a cover, and while the absurd amount of covers out there would suggest otherwise, there are royalties involved in producing and distributing a cover legally.
Also, Weird Al
does get permission for all his parodies (even though, yes, he doesn't need to), even the ones that openly mock the people he's parodying ("Achy Breaky Song", anyone?). I think most musicians would gladly allow that sort of thing, unless they're
really full of themselves and super-serious. Which, ironically, would probably describe indie acts who distribute free MP3s of their songs more than the sell-outs on major labels.