Re-using copyrighted code

[llanitedave]

On Monday, June 10, 2013 12:40:57 PM UTC-7, zipher wrote:
> > Weird Al can be a complex case, because sometimes his songs are true parodies, and sometimes they're more satires.  Parody has a pretty firm history of being protected under fair use, and Weird Al's MJ-inspired songs ("Fat" and "Eat It") are clearly parodies.  (As is his more recent Lady Gaga sendup "Perform This Way", while his Star wars saga "The Story Begins" and Coolio-esque "Amish Paradise" are more like satires).
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> >
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> > So in the case of Weird Al's Michael Jackson parodies, he would be protected under law if MJ had decided to sue.
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> Not entirely.  The use of the musical tune is not a parody, only the
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> lyrics.  But if, like you say, he did get permission, then he is safe.
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> But you bring up a point of *criticism* which is distinct from re-use.
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> -- 
> 
> MarkJ
> 
> Tacoma, Washington


In this case, the tune and the lyrics really aren't separable.  What's being parodied is the entire work, including the music video, down to the costumes, the dance moves, and the guitar solo.  It's the work, taken as a whole.