As a parody singer-songwriter, I won't be like Weird Al in that while he secures permission from all artists whose songs he parodies, I will not. I heard long ago that I didn't need to secure those permissions, but can someone back that up with an official source?

 

As a parody singer-songwriter, I won't be like Weird Al in that while he secures permission from all artists whose songs he parodies, I will not. I heard long ago that I didn't need to secure those permissions, but can someone back that up with an official source? (self.legaladviceofftopic)

submitted 3 years ago by TSoWAY

I would be like a young, rebellious son of his. I'd like to call myself his musical godson. Albeit the rebellious one.

I want to know through an official source (like an online law library or something along those lines) that I'm not absolutely required to secure permission from the Original's artists when I parody any of their original songs.

Besides, what if those artists are now passed away? If Weird Al wanted to parody a song of a dearly-departed artist, how would he secure permission anyhow?

Do we know of other famous parodists? Are there any that don't secure permissions from the artists of the originals they plan to parody?

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[–]gnopgnip 10 points 3 years ago 

Parody can be fair use, but fair use is based on a four factor test where no single factor is determinative. See Campbell v. Acuff-Rose for the landmark parody case

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[–]pitathegreat 7 points 3 years ago 

Weird Al doesn’t actually need permission - he’s just being polite. Paul McCartney refused permission, and Weird Al simply left it off of the album as a courtesy. He still performs it live.

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[–][deleted] 3 points 3 years ago 

Weird Al doesn’t actually need permission

He'd win an infringement lawsuit, surely, but fair use is a defense you have to raise in a trial; whereas a written permission note can be used to dismiss a lawsuit before a trial.

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[–]ThadisJones 4 points 3 years ago 

what if those artists are now passed away

Rights are considered an asset and become part of the artist's estate. Weird Al would ask permission from whomever inherited them.

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[–]smarterthanyoda 3 points 3 years ago 

Here is a page from the government Copyright Office that explains fair use. It includes a link to the actual law.

This article is not a government source but goes into more detail. It specifically mentions parody, which is what you’re probably looking for.

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