I'm new to this forum and had a quick look at your video. I'm not sure of the rules that make something a parody but yours looks like one to me. I just wanted to let you know for future reference that it's a little hard to hear your voice over the music in some parts so you may want to keep that in mind for next time. Good luck with your dispute.
Thanks. Yeah we used a really cheap mic for it since it was our first video, heh.[DOUBLEPOST=1406766210,1406765104][/DOUBLEPOST]
I haven't watched it (and can't as I'm at work). Are you using the song in order to make fun of the song or the artist? Or are you using the song to make fun of something else? This is the basic difference between Parody and Satire per copyright law.
I'll use Weird Al as an example. Two songs. Smells Like Nirvana is a song that would fall under the definition of Parody. In order to make fun of an artist, a very clear case can be made that using a song from that artist is a required element. So by covering Smells Like Teen Spirit, and using it to make fun of Nirvana, the connection and requirement is clear.
On the other hand, using Coolios' song Gangsta's Paradise to make fun of the Amish in Amish Paradise is a Satire. There is no obvious connection between the song chosen and the topic of humour. The question that is asked by the copyright holder is "Couldn't you have used somebody elses song?". If the answer to that question is yes, then more often than not you've got a Satire, not a Parody.
Alot of people simply think that making a funny song cover is automatically a parody, but the only ones protected under Fair Use are those where you really couldn't have conceivably used a different song.
Thanks for the examples, I really did needed some.
I am making fun of the song, that was my intent from the beginning when I parodied the song. Also, in some subtle way I'm also making fun of the artists since their lyrics were crap to begin with by being dull/smug in the video.
My video replaced the lyrics as if the artists in the video was hungry especially Snoop Dogg's original rap part.
Just for the sake of discussion, let's say your performance is a parody and the backing music was from a karaoke track, I'd imagine a claim is coming from the company that owns the sound recording copyright on that track (not the composition). I bet their side of the argument is based on the fact that even though a parody of a composition is being performed, the sound recording backing the new lyrics is not being parodied, and is covered under a separate copyright. The dialog surrounding the area of sound recording copyright and parody defense is fascinating. There was a similar question posted on avvo (legal forum) and the response of the IP lawyer, Maurice Ross explains in depth: avvo.com/legal-answers/can-i-write-parodies-of-songs--use-karaoke-tracks--1507931.html
best of luck!
Damn, based on that article I guess I can't dispute since the the background music wasn't transform (Idk if it was or not since I got it from one of the youtube videos).
Thanks guys, I guess I can't win with the background music argument. Hopefully they still keep my video up and put ads on it and won't give me a strike, ha.