What are the limits to video sampling / superimposing celebrities on 'other things'? (eg Thundercats vs Pr0n)
...but what are the limits to this? Anybody see the Sarah Palin porn knock-offs? So here's a (NSFW) hypothetical question: if one superimposes the face of a major celebrity (e.g. a 10 or 15 second 'compliant' clip) onto some nasty hardcore porn, has a law been broken? I'm so confused! How long before the Thundercats spoof is actually Debby does Dallas and stars some famous actress, a few world leaders and so on...
any **legal** insights/links you can steer me toward regarding this kind of 'fair use' video sampling and spoofing (video, not music)? Anything that discusses 'general' versus 'adult' (e.g. the Palin photoshop debacle)?
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M$3 Answers
Pring v Penthouse is a good example of this spoof vs real-life problem faced by those creating parodies. http://www.altlaw.org/v1/cases/432456
An entry on libel and slander can be found here which has some more references to cases http://books.google.com/books?id=s5M86S5ZlC0C&pg=PA113&lpg=PA113&dq=penthouse+slander&source=web&ots=lwIyjQXP3F&sig=z2_EGCl2Wu_6gVSm98G7Zj1xKLQ&hl=en&sa=X&oi=book_result&resnum=1&ct=result#PPA113,M1
Finally, if it is something you are going to be making a profit off of rather than just expressing yourself or creating art then there is a whole new set of problems that arise if you were using the celebrities likeness to profit.
Another gray area arises when looking at if you had the right to use the original footage. That is much more of a fair use issue, and that is exceedingly messy these days. The current practice seems to be post it, then fight it if you want if you get a cease and desist order.
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M$
what can you get away with? good question.
what will get you in trouble? good question.
"fair use" exists, but isn't well defined by law.
the first amendment allows you to make a parody of just about anything. but just because you will (probably) win the lawsuit doesn't mean it won't cost you to defend.
you're less likely to be sued for something non commercial rather than something you're selling. (won't stop them!)
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M$
the lines are very blurred though, it's extremely difficult to discern what is 'legal' or 'illegal'
and it's especially hard to enforce on the internet, as animosity is practically the foundation of the internet
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M$