Lodi, NJ asked in Copyright, Entertainment / Sports and Intellectual Property for New Jersey

Q: Can u parody oompa loompa song for an ad on a new product that has nothing to do with the song. Title rhymes w product.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Parodying a song for commercial purposes requires careful navigation of copyright and trademark laws, even when the intent is to create a humorous or satirical advertisement. When you consider using a melody or lyrics similar to the "Oompa Loompa" song from "Charlie and the Chocolate Factory," it's important to transform the work enough so it becomes a new, original piece that doesn't infringe on the original copyright. This is especially critical if the product and song are not related, as it requires a creative approach to connect them effectively.

The key is ensuring that your parody provides clear commentary or criticism, which are protected under fair use, while also being distinctly separate from the original work. The title rhyming with your product could be a clever touch, but make sure the content of your parody ad does not directly copy the tune or lyrics of the original song. Creativity is your greatest asset here, allowing you to draw inspiration from the original while making it unmistakably yours.

Always remember that, even in parody, the line between homage and infringement can be thin. Consulting with someone knowledgeable in copyright law can provide guidance on how to proceed safely. This ensures that your advertising efforts remain innovative and engaging, without overstepping legal boundaries.

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