Rules on Song Parodies?

ohaple

YTtalk Mad
So I want to do a gaming song parody. Only thing is, I am not sure exactly what the rules are. Most places cite parodies as fair use, but we see that Youtube flagging is often more conservative that the law requires.
If I spend the huge time and effort that comes with writing and recording a song parody, will I have to fight to monetize it/keep it up?
Thanks
 
So I want to do a gaming song parody. Only thing is, I am not sure exactly what the rules are. Most places cite parodies as fair use, but we see that Youtube flagging is often more conservative that the law requires.
If I spend the huge time and effort that comes with writing and recording a song parody, will I have to fight to monetize it/keep it up?
Thanks
I always wondered that too. Last week this discussion actually came up in my Business Law class and here's an article that came up during my research:

http://www.songrights.com/infringe.htm

It seems like there can be huge battles that go back & forth over the definition and use of a parody. If I were to do one I'd put it on another channel just in case it got a copyright strike. It seems like a pain in the a**.
 
According to Wikipedia, you have to make sure your song is a parody and not satire. A parody should poke fun at the song itself, while satire makes fun of something else with the song. In practice though, people rarely follow the definition of parody, and in the end, it all comes down to whether the company sets up a claim or not. Sometimes it ends in content ID claim (which can sometimes be successfully disputed), the removal of the video, or nothing at all. It's up to you to take the risk, but I'd say you have a good chance of not getting any negative consequences.
 
As long as you make instrumentals (Or own the rights of) and the song lyrics are sung, and written by you, you should be fine.

I have a parody on my channel, it's even my most viewed video, and I haven't had any problems with it.
 
According to Wikipedia, you have to make sure your song is a parody and not satire. A parody should poke fun at the song itself, while satire makes fun of something else with the song. In practice though, people rarely follow the definition of parody, and in the end, it all comes down to whether the company sets up a claim or not. Sometimes it ends in content ID claim (which can sometimes be successfully disputed), the removal of the video, or nothing at all. It's up to you to take the risk, but I'd say you have a good chance of not getting any negative consequences.
Wikipedia is not a good source... Here's something directly about this from my business law book:

"Copyright infringement occurs when a party copies a substantial and material part of the plaintiff’s copyrighted work without permission. The copying does not have to be either word for word or the entire work. A plaintiff can bring a civil action against the alleged infringer and, if successful, recover ( 1) the profit made by the defendant from the copyright infringement, ( 2) damages suffered by the plaintiff, ( 3) an order requiring the impoundment and destruction of the infringing works, and ( 4) an injunction preventing the defendant from infringing in the future. The court, in its discretion, can award statutory damages for willful infringement in lieu of actual damages. The federal government can bring criminal charges against a person who commits copyright infringement. Criminal copyright infringement, including infringement committed without monetary gain, is punishable by up to five years in federal prison." (Cheeseman, 2013)

"A copyright holder’s right in a work is not absolute. The law permits certain limited unauthorized use of copyrighted materials under the fair use doctrine. The following uses are protected under this doctrine: ( 1) quotation of the copy-righted work for review or criticism or in a scholarly or technical work, ( 2) use in a parody or satire, ( 3) brief quotation in a news report, ( 4) reproduction by a teacher or student of a small part of the work to illustrate a lesson, ( 5) incidental reproduction of a work in a newsreel or broadcast of an event being reported, and ( 6) reproduction of a work in a legislative or judicial proceeding. The copyright holder cannot recover for copyright infringement where fair use is found." (Cheeseman, 2013)

Reference
Cheeseman, H. F. (2013). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues (8th ed.). Upper Saddle River, NJ: Prentice Hall.
 
Am I right in thinking though that its unlikely I will get a strike, but I may get a claim?
the way I understand it you only get strikes if you dispute claims?
I think this "parody" falls more under satire than it does under parody.

I am going to talk to my network rep and see what he says.

The song is from Capitol Records, owned by Universal Music Group.

This is kind of the same idea as what I want to do, just with a different game and different song. But generally covering the song, then replacing the lyrics with lyrics about the game.
 
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