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Legalities of doing a parody show?

  • 19-05-2017 3:40am
    #1
    Moderators, Music Moderators Posts: 12,875 Mod ✭✭✭✭


    So basically myself and my mate have spent the last few months slowly putting together a hilarious stop motion (planning 6 episodes) show where the very famous protagonist of the show dies a different way each time. It's full of jokes and parody and not intended to be dark or morbid in anyway. We use dolls and clay mostly.
    Anyway, recently we've become aware and a little cautious that there may be some legal issues to be aware of. We really don't want to get sued for something which we probably won't make money on, despite all the effort we're putting into it. (I feel like it's turning out really good, it's super fun to do too.)
    So, should we be worried? We've changed the spelling of the famous people in the show but it's obvious who they are supposed to be. Pronounced the same mostly.
    Any and all advise would be much appreciated.


Comments

  • Registered Users, Registered Users 2 Posts: 1,273 ✭✭✭flas


    Can I get a job on your show?


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    There's no fundamental legal problem with parodying an existing work.

    If the parody refers to living people, you'd want to be sure that it's not defamatory (the same as with any work of art/literature that refers to living people). (If what you're saying is defamatory of someone, changing the spelling/pronunciation of their name is not going to help you very much.)

    You'd want to be sure that you're not making use of trademarks or other intellectual property that belongs to the owners/creators of the work that you are parodying.


  • Closed Accounts Posts: 3,478 ✭✭✭eeguy


    It's easier to ask forgiveness than permission


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    eeguy wrote: »
    It's easier to ask forgiveness than permission
    . . . although the consequences, if the request is refused, may be more severe!


  • Closed Accounts Posts: 3,478 ✭✭✭eeguy


    Peregrinus wrote: »
    . . . although the consequences, if the request is refused, may be more severe!

    But probably not. Rosenstock, Callily and McSavage among others have paved the way


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  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    I think it's very unlikely that the object of a parody would sue or that, if they did sue, they would win. But much depends on exactly how your parody is problematic, and on who you are parodying/whose rights you are infringing. TBH, I don't think the practical danger in most cases would be defamation proceedings; the bigger risk would be something like trademark infringement, passing off, that kind of thing. And that's relatively easy to avoid, if you make up your mind to avoid it.

    Of course, I haven't read the script for the OP's parodies, and I don't know who's being parodied. Some people are quicker to sue than other, and some will sue not because they expect to win but simply to silence you. (I'm looking at you, Donald J. Trump.) If the OP is thinking of exploiting his parody commercially, he should take yer actual paid legal advice before releasing his creation to a waiting world.


  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    Make sure to include a solicitor amongst your characters. His line would be "do you want me to look at it, or should I just say no now?" ;)


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Peregrinus wrote: »
    I think it's very unlikely that the object of a parody would sue or that, if they did sue, they would win.
    Reminds me of ...



    (contains swearing)


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    eeguy wrote: »
    But probably not. Rosenstock, Callily and McSavage among others have paved the way

    And Waterford Whispers News, who showed that if people can't or won't defend their satire, they must prepare to eat humble pie in the face of threatened litigation from a wealthy serial litigant.


  • Moderators, Music Moderators Posts: 12,875 Mod ✭✭✭✭iamstop


    Thanks for the replies. I don't think we have anything to worry about. Might just run it by a law talking guy to be sure to be sure though.


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  • Moderators, Music Moderators Posts: 12,875 Mod ✭✭✭✭iamstop


    Going to releasing episode 1 on Jan 1st. Getting excited.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    MOD
    Be advised by your own lawyer before going public


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