Licenced or Art?

Out of context: Reply #9

  • Started
  • Last post
  • 13 Responses
  • mantrakid0

    http://www.avvo.com/legal-answer…

    Most importantly: "...parody is a DEFENSE to charge of trademark and/or copyright infiringment. It's not an automatic exemption from being sued-- nothing is. In order for a defense to have any worth, first you get sued in federal court, then you have to hire a lawyer to assert this defense, perhaps among others, and then you have to litigate the case to the point where you can establish the applicability of this defense."

    "It may be possible to argue that your drawings will be a parody. However: (a) it is relatively rare that an alleged infringement is found to be a parody; and (b) you will probably have to incur a large amount of legal fees to get to this decision."

    ie. you get sued first - you're using 'parody' to hopefully get out of being sued, but incurring legal expenses in the process which you cant avoid because you are being sued.

View thread