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Parody vs Fan Film

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10000li
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Parody vs fan film

You've got the law on your side, I believe, from my two quarters of Intellectual Property Law that I studied.

Note: My comments are not to be construed as legal counsel, yada, yada.*

Parody is "fair use" and creaters of parody are protected from most copyright infringement. But it is important that your work meet four parts to stay within the definition of "parody."

Section 107 The Copyright Act of 1976 outlines what a court has to consider when determining if something is fair use:

1) Purpose and character of the work

2) Nature of the work

3) Amount and substantiality of the portion used in new work

4) Effect of the use upon the potential market for or value of the copyrighted work

So, I would say that a fan film is NOT a parody, because a fan film is an homage to the work in question: Fan films generally use the established characters in established situations. The idea of a fan film, usually, is that the creators want to continue the franchise that was dropped by the network, or they want to record their cosplay as their favorite characters. This fails the “purpose and character of the work” and “nature of the work” tests.

Parody includes commentary on the work being looked at, or social commentary. The Twisted Tune™, “What if God smoked cannabis?” is social commentary, so it is protected. Weird Al’s Star Wars songs are commentary on the films, using clever twists of the lyrics of the songs he borrows from, so they are parody. Weird Al’s “Like a Virgin,” and “Eat It!” are commentaries of the songs and videos themselves, so, again, protected.

So, if your film is a commentary on the Dr. Who franchise and the typical actions, behaviors and situations one can expect to see in a Dr. Who franchise, then it is a parody. If it is just a case of “If I were Dr. Who, I’d do this…” then it’s a fan film.

Here's a link to a summary of the idea of "fair use."

http://www.legalzoom.com/intellectual-property-rights/copyrights/2-live-...

*See? A parody of typical legal disclaimers.

Mama Fisi
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I agree

10000li's pretty much nailed it, from the legal "fair use" angle.

If your friend's issue is, rather, "You said no fan films, yet you're using Doctor Who" it gets a bit fuzzier.

If you were doing your own episode of D.W. and doing it "straight," then that would definitely be a fan film. Because D.W. is usually humorous, saying "Well ours is funny" doesn't quite get you off the hook.

But if your film is more satyrical in nature--the TARDIS is a Johnny-On-The-Spot, perhaps, and the companions are all some very confused people who tried to use the portaloo and got sucked into the Doctor's world--then that's a parody. You're using established characters and situations in a satirical manner. (If you had the TARDIS as a portaloo, then he'd have to be called "Doctor Whew!")

There's a very blurry line between fan fic and using established characters either legitimately (say, you got hired to write the next Honor Harrington novel) or satyrically (say, Mad Magazine hired you to write a spoof of Honor Harrington.)

Lots of people have written fan fic; any story in an accepted franchise that was NOT written by the original author can be considered "fan fic." Fan fic doesn't have to be simperingly loving with the characters, although that's often the case--fan fics sometimes take characters in directions no caring original author would ever dream of doing.

I'd argue to your producer, Sheldon, that your parody is a satire using established characters in a humorous or mocking way.

(Not having seen it, I'm guessing this is what you're up to?)

Masquerading as a normal person day after day is exhausting.
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Mama Fisi
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Addendum

After I logged out earlier, I realized: a time machine made out of a portaloo would have to be called a TURDIS.

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Republibot 3.0
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Fan Film

Yeah, I think the others have it surrounded. "Parody" is generally protected under free speech and fair use and whatnot. It is, however, subject to slander and liable and whatnot, so, parody or no, if your purpose is to slam somebody really hard, it's not gonna' save you. (I realize that's not your purpose, just saying it 'cuz it hadn't been said).

The degree of parody is also relevant. Much like pornograpy, the definition of humor, legally speaking is, "I knows it when I sees it." So if a parody consists of simply making your own TOS episode with a few jokes thrown in, but it's *Really* just an excuse to do your own TOS ep, well, that's less likely to be legally defensible than if you did a 15 minute sketch comedy bit based on TOS and some specific gag like the absence of toilets or what have you. ("We don't need 'em! We've got transporters! I mean, look at Picard! Honestly, you think that man ever wiped his own ass?")

The Artist Formerly Known As Republibot 3.0

SheldonCooper
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Exactly That

As I said, it's an obvious parody. We are satirizing the show itself, not just doing a Doctor Who with jokes (as you pointed out, Doctor Who has jokes itself). We've talked about having the actor playing The Doctor use a Scottish accent to play on David Tennant being Scottish and we've talked about maybe doing it Australian, to play on George Lazenby (James Bond in On Her Majesty's Secret Service, thereby zinging not just DW, but subtly zinging British pop culture as a whole). It is also a parody of fanboys, as the villians (based on the Autons) are his collection of action figures come to life. There is also a joke that parodies the TARDIS redesigining its control room whenever it wants. It's an obvious SNL style parody. His argument is that just because it's a parody doesn't make it not a fan film. I say he's wrong. Being a parody, not a straight short film, absolutely makes it not a fan film.

One lab accident away from being a supervillain! Bazinga!

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Bond is a Time Lord

In fact, I almost expected Rassilon to regenerate into Pierce Brosnan.

Okay, I confess... I WANTED Rassilon to regenerate into Brosnan.

SheldonCooper
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He Really Is!

Well, we did get Timothy Dalton as the Time Lord president!

One lab accident away from being a supervillain! Bazinga!

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