Q: What're the Parody/Fair Use laws concerning impersonating fictional characters humorously narrating public domain works?
The idea is to impersonate various fictional characters from various forms of entertainment, such as Mario (Nintendo video game) or Gollum (Lord of the Rings), reading various public domain works of fiction in as close to the character's syntax as possible ("And the princess pricked her finger on the spinning wheel, yes she did precious!"), with comedic, hopefully character/setting appropriate, jokes, thoughts, and commentary. What are the laws concerning impersonation of fictional characters in general? I see it here and there, even on monetized channels and websites, and can't be sure if they just flew under the company's radar as a fish too tiny to worry about, or if they're (relatively) untouchable.
Mostly I'm curious to know if it falls under Parody/Fair Use? Permission will be sought either way out of respect to the IP creators and owners.
A: This might qualify as a parody. Have a lawyer review the facts and business carefully to help you try to avoid IP violations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A:
This is a complicated question. Some characters or media could possibly be protected by copyrights or trademarks.
There are many criteria for whether something is parody or fair use.
Knowing the laws "in general" may not help with respect to a particular situation.
If you want to go ahead without paying a lawyer, do not be surprised if a problem crops up.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
