Could this situation be claimed as "Fair Use?"

M

mus

This is a hypothetical situation, say someone were to record footage of a puppet show, one where the owner has a copyright and would clearly recognize his characters.

Could the filmmaker use this footage in a commercial work, if citing fair use, were there to be any infringement claims?

If not, would dubbing the voice of the puppets constitute as parody? (Assuming the commercial work is a comedy)
 
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You couldn't use that performance footage at all, dubbed or not, without permission.

For it to be parody, you'd need to recreate the characters but even then it's a thin line.
 
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mussonman said:
Could the filmmaker use this footage in a commercial work, if citing fair use, were there to be any infringement claims?
Click to expand...

I am not a lawyer, nor do I give legal advice. That said, I do not think "fair use" sounds appropriate for this hypothetical situation.


If not, would dubbing the voice of the puppets constitute as parody?
Click to expand...

Is your hypothetical film actually a parody of aforementioned puppet show? :hmm:
 
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Neither is a random shot of a certain famous puppet group saying racist things, which I never thought I'd have to debate with anyone about.

(Unless I was talking to a Family Guy writer, or something.)

LOL
 
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What "Fair Use" is and how it's used is quite clear. This hypothetical
doesn't fit fair use. Parody, on the other hand is less clear and still
often in court. This hypothetical might fit as parody.
 
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