Graphic Artist Copies Wayne Reynolds art for Rush Limbaugh newsletter

[tomBitonti]

Satire and homage can be legit as well. But in those cases, it's not an absolute protection, especially if the IP holder in question objects on the grounds that it damages the value of the mimicked IP.

I'm not seeing any satire or homage.

Is political discourse a special case? The usage seems to be a clear infringement (almost an entire copy of the original work), with a use that would normally be a paid use, with an association of the work that the Copyright holder might (or might not) strongly oppose.

TomB

 

[Dannyalcatraz]

The satire or homage doesn't necessarily have to link back to the purposes of the original IP- like a Wierd Al song, it can simply use the form of the IP to deliver its own message.

And no, political use doesn't get a free ride. It's held to the same standards as everyone else.

 

[billd91]

My guess is they'll aim for "news reporting"...but I don't think they'll get there.

Yeah, I have a hard time seeing how this is going to pass as Fair Use. It isn't satirizing the original content in any detectable way. It's not using the image as news. It's not educational. And it's not reviewing the original (or even related) content.

 

[MatthewJHanson]

The satire or homage doesn't necessarily have to link back to the purposes of the original IP- like a Wierd Al song, it can simply use the form of the IP to deliver its own message.

For what it's worth, Weird Al always asks permission before parodying an artist's song.

 

[the Jester]

For what it's worth, Weird Al always asks permission before parodying an artist's song.

That's cause he's a classy fella!

 

[billd91]

That's cause he's a classy fella!

Agreed. He doesn't have to ask permission, but he does so as a courtesy because he wants the artists to be in on the joke.

 

[JRRNeiklot]

I like the traced version better. Less spikey.

 

[El Mahdi]

It's a no-brainer: original art obviously. There's no way that anything including Rush Limbaugh's face, could ever be considered an improvement.

That pale, sweaty, doughy-fleshed, drug-addicted fat slob as a Warrior?!?! Please...

 

[Umbran]

For what it's worth, Weird Al always asks permission before parodying an artist's song.

Small correction - he always asks before *recording* a parody of another artist's song. In live concert, he does (or at least has in the past) performed works he hasn't recorded, and for which he didn't get permission.

 

[Umbran]

That pale, sweaty, doughy-fleshed, drug-addicted fat slob as a Warrior?!?! Please...

Folks, I believe you will all want to steer well away from the line of vitriolic personal insults, lest you find yourselves on the wrong side of the no-politics rule.

You don't have to like the man. But you do have to show some decorum. Thank you, all.