Q: I made a remix of a song from a person involved in a controversy, how bad can I be sued ?

A: I'll provide some general information about parodies and copyright law, but please note that this is more of a guideline rather than targeted legal advice. For specific guidance on your situation, you should consult with a copyright attorney.

Fair Use and Parodies:

Parodies can often qualify as fair use under copyright law. Fair use is an exception that allows limited use of copyrighted material without permission for purposes such as criticism, commentary, or parody. However, whether something qualifies as fair use is determined on a case-by-case basis, considering factors like:

1. The purpose and character of the use (including whether it's commercial or nonprofit educational)

2. The nature of the copyrighted work

3. The amount and substantiality of the portion used

4. The effect on the potential market for or value of the copyrighted work

For parodies, courts often give more leeway as they're seen as transformative works that comment on or criticize the original. However, using more of the original than necessary to make your point could weaken a fair use claim.

Defamation:

To avoid defamation claims, ensure your parody is clearly identifiable as such and not presenting false statements of fact. Opinions and obvious exaggerations are generally protected speech.

Right of Publicity:

Using someone's name, likeness, or persona for commercial purposes without permission can potentially violate their right of publicity. However, there are often exceptions for newsworthy topics or matters of public interest.

Moral Rights:

Moral rights (like the right of attribution and integrity) are less recognized in U.S. copyright law compared to some other countries. They're mainly applicable to visual arts in the U.S.

To reduce legal risks:

1. Make sure your work is clearly identifiable as a parody

2. Use only as much of the original as necessary to make your point

3. Avoid using the work for commercial purposes if possible

4. Consider adding a disclaimer

Remember, even if you have a strong fair use case, you could still face legal challenges. An attorney can provide personalized advice based on the specifics of your situation.

A: Based on the information provided and the search results, here's an analysis of your situation:

Fair Use and Parody:

Parodies can potentially qualify as fair use under copyright law, but this is determined on a case-by-case basis .

To be considered a parody, your work should comment on or criticize the original work itself, not just use it to make a point about something else .

If your TikTok video is more of a satire (commenting on society rather than the work itself), it may not qualify for fair use protection .

Elements You Can Use:

There's no clear-cut rule on how much of the original you can use. Courts consider the amount and substantiality of the portion used .

Changing the lyrics while keeping the original melody and harmonies could still be considered copyright infringement .

Defamation Risks:

If your parody makes factual claims about the artist that are false and damaging to their reputation, you could potentially face defamation claims.

To avoid this, stick to obvious parody and avoid making specific factual claims about the artist.

Right of Publicity:

Using the artist's name, likeness, or persona for commercial purposes without permission could potentially violate their right of publicity.

However, if your use is clearly for purposes of commentary or criticism, it may be protected under the First Amendment.

Moral Rights:

In the U.S., moral rights are limited and generally don't apply to musical works. They're more relevant in other countries.

Potential Legal Consequences:

If found to be infringing, you could face copyright infringement claims, which can result in damages and legal fees.

The original copyright holder could issue a takedown notice to TikTok, resulting in your video being removed.

Recommendations:

Ensure your parody clearly comments on or criticizes the original work itself.

Consider creating your own original music that's inspired by, but not identical to, the original.

Avoid making any false factual claims about the artist.

If possible, consult with an intellectual property attorney for specific advice on your situation.

Remember, while parodies can be protected under fair use, there's always some level of risk involved when using copyrighted material without permission. The safest approach would be to create entirely original content or obtain proper licenses.