Music Videos Parodies
If one were to publish a parody music video on an original song, do you just have to buy the mechnical license?
Some examples of parody music videos are Collegehumor’s Brohemian Rhapsody, etc. I’d think that a mechanical license would be enough since you’re just using the music track and not its lyrics, whereas if you do a cover version you need both the rights to the music and to the lyrics. Is this correct? Thanks in advance.
The music and the lyrics are part of the same musical composition.
If you make a parody version, you might fall within the Fair Use doctrine. The lead case concerning musical parody is Campbell v. Acuff-Rose Music, where 2 Live Crew made a parody of Pretty Woman without a license. In that case, the Supreme Court held the parody a valid fair use. In order to be a valid fair use parody, your song must be transformative in some way, such that your contribution changes the nature of the original. Parody version can use enough to identify the original, but must critically comment on original. Failure to critically comment will more than likely be fatal to a fair use defense.
If you don’t want to rely on a fair use defense, then you’ll need to get a license to make a derivative work of the original music composition. If you are going to sample a recording to get the background music, then you’ll need a license for that sound recording as well as a license for the music composition.
A mechanical license isn’t appropriate because you are not using the copyrighted material in unaltered form. Even if you were using the original song in its unaltered form, you would need a synchronization license to be able to use the song as background to your video.
A compulsory license would also be inappropriate in this situation because your parody version is going to make substantial changes to the underlying musical composition, rather than just rerecording the composition as sung/performed by other artists.
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