Steve Laramie
Veteran
If somebody wanted to make fun of a celebrity without using there full name just throwing obvious references that imply its them do they run the risk of getting sewed?
legality of poking fun...
- Thread starter Steve Laramie
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Tommy K
Well-known member
I don't know about "sewed" unless it's Martha Stewart doing the sewing. But the short answer answer is no. The Supreme court ruled many years ago that parodies are protected speech. We can all thank Larry Flynt for this ruling. You can not be sued for a parody. They can try I guess... but it won't fly. Parody away...
Barry_Green
Moderator
You can, of course, be sued for parody. Anyone can sue anyone for anything, and frequently they do, because it's a nuisance and a hassle for the defendant.
But the question is -- will they have grounds to sue, would they have a legitimate claim and can they win damages? If it's a true and legitimate parody, then the free speech laws are on the side of the parodist, especially in reference to a public figure.
But the question is -- will they have grounds to sue, would they have a legitimate claim and can they win damages? If it's a true and legitimate parody, then the free speech laws are on the side of the parodist, especially in reference to a public figure.
Nascency Chris
Active member
Tommy K
Well-known member
Lohan needs all the attentione she can get... Her career if you call it that , is in the dumpster. She will not win this and is a waste of her time and money. Larry Flynt parodied some of the most powerful politicians and clergy in the country. They sued.. they lost. Recently a porn company parodied Sarah Palin with "Who's nailin' Palin" and a there are a slew of these trash parodies being done by the porn scum. As I said before you can sue, but most likely can't win these cases.
JonathanLB
Carbonite Member
I still think when you're talking about being right, on the indie film side, being sued is about the best thing that could happen to you.
I have a joke in my feature about Michael Vick, and the key here is he was actually CONVICTED in federal court for the charges I joke about, so it can't be labeled defamation when it's true. It would be different if I called OJ a murderer, when that was not proven in court, he was acquitted in criminal court for that and he absolutely could sue if you stated it like a fact that he is a murderer. You can have that opinion as a person, sure, but when you put it in a film like that, it could be defamation.
But take this case, if my film is picked up by Lion's Gate let's say, just throwing out a random name, and Michael Vick sues the film company, myself, and Lion's Gate, it would be all over ESPN, probably CNN too, and it would be worth the money it took to defend that lawsuit because it's great publicity. Nobody would have heard of my little indie film before that, and he would call attention to it, we'd probably move more DVDs than you'd ever need to sell to cover legal costs, especially on a case that would be so open and shut. Even if it cost $50,000 to $100,000 to defend, you'd make your money back. I wouldn't worry about it that much provided you're on the right side.
Just be careful, though, and when you're nervous or concerned about something *always consult an entertainment laywer!* There are people who do this full-time, they read through scripts, they go through films, and assess possible legal issues and try to address clearances when applicable or assess risk otherwise, suggest reshoots, whatever. It's a very litigious country, and as Barry said, people can sue for anything, right or not.
I have a joke in my feature about Michael Vick, and the key here is he was actually CONVICTED in federal court for the charges I joke about, so it can't be labeled defamation when it's true. It would be different if I called OJ a murderer, when that was not proven in court, he was acquitted in criminal court for that and he absolutely could sue if you stated it like a fact that he is a murderer. You can have that opinion as a person, sure, but when you put it in a film like that, it could be defamation.
But take this case, if my film is picked up by Lion's Gate let's say, just throwing out a random name, and Michael Vick sues the film company, myself, and Lion's Gate, it would be all over ESPN, probably CNN too, and it would be worth the money it took to defend that lawsuit because it's great publicity. Nobody would have heard of my little indie film before that, and he would call attention to it, we'd probably move more DVDs than you'd ever need to sell to cover legal costs, especially on a case that would be so open and shut. Even if it cost $50,000 to $100,000 to defend, you'd make your money back. I wouldn't worry about it that much provided you're on the right side.
Just be careful, though, and when you're nervous or concerned about something *always consult an entertainment laywer!* There are people who do this full-time, they read through scripts, they go through films, and assess possible legal issues and try to address clearances when applicable or assess risk otherwise, suggest reshoots, whatever. It's a very litigious country, and as Barry said, people can sue for anything, right or not.
Well said. I've always been surprised at how many people here are so ultra cautious regarding even an incidental logo or recognizable building which might show up in the background of their work. Not only is it extremely unlikely to lead to anything, but like you point out there is almost no such thing as bad publicity. Reminds me of one of the greatest marketing slogans of all time -- "Banned in Boston."
JonathanLB
Carbonite Member
Yeah I'm amazed at how careful you have to be, though, it does make filmmaking very difficult. Just the fact that it's hard to show much of anything without getting clearances for it. I'm thinking we should just be lazy on this one scene of a guy's bedroom and put up posters of all the other films that the production company I'm working with has done, LOL. I mean heck several of them have major stars, they're good posters, and it's a lot easier than clearing a bunch more posters we DON'T have the rights to use! lol.
Technically, you are within the law if you show incidental images or products in a shot, like if a Coke can is sitting in the background you're in the right, legally. BUT that doesn't matter because most distributors will still insist you have clearance, because they want to protect themselves. It's a lot better to save yourself headaches later and turn it into a positive, which if you're working with the right people you can do! The company I'm working with has a guy who does just this -- product placements and clearances. Instead of asking for permission to use a Coke can, we can just go to a soft drink company and ask for free products that we can use to place in the film. We're indie, so they won't pay us to place their products, but they will give us free products so why not? It turns a negative situation into a positive. Now instead of worrying about it, you can use that product exclusively anywhere you need a drink in the movie, and you can give them to cast and crew for free, saving on craft services.
Technically, you are within the law if you show incidental images or products in a shot, like if a Coke can is sitting in the background you're in the right, legally. BUT that doesn't matter because most distributors will still insist you have clearance, because they want to protect themselves. It's a lot better to save yourself headaches later and turn it into a positive, which if you're working with the right people you can do! The company I'm working with has a guy who does just this -- product placements and clearances. Instead of asking for permission to use a Coke can, we can just go to a soft drink company and ask for free products that we can use to place in the film. We're indie, so they won't pay us to place their products, but they will give us free products so why not? It turns a negative situation into a positive. Now instead of worrying about it, you can use that product exclusively anywhere you need a drink in the movie, and you can give them to cast and crew for free, saving on craft services.
CallaghanFilms
Veteran
It's not poking fun per se, but check out the second page of this excerpt to see an example of referencing something (that everyone knows), whilst still covering your
http://www.chadcallaghan.com/script/EE.pdf
http://www.chadcallaghan.com/script/EE.pdf