Recommended content

Sometimes, the Parody Defense to Copyright Infringement Works!

As a cannabis intellectual property litigator, part of my job is to help clients make cost-benefit and risk analyses. My colleagues and I have written several posts about the defense of “parody” in cannabis intellectual property litigation, and why it’s a very specific defense that people tend to overstretch in most cases. While that remains true, it’s only fair to also write about cases where it does work – like in this week’s decision by a New York court to deem a sketch comedy group’s theater production titled “Vape” a fair use of the famous “Grease” musical.

The parties’ arguments

Plaintiff Sketchworks Industrial Strength Comedy, Inc. filed a Complaint in the Southern District of New York to seek a declaratory judgment that Vape does not infringe Defendants James Jacobs and Warren Casey’s copyright in Grease. (FYI, James Jacobs and Warren Casey are the co-authors of Grease.) Sketchworks owns its own copyright in Vape. Vape depicts the same characters and features portions of Grease’s well-known songs. But, Sketchworks claims Vape is a parody of Grease:

[It] “pokes fun at various absurdities in Grease”, and “uses millennial slang, popular culture, a modern lens, and exaggeration to comment upon the plot, structure, issues

Read full article on HarrisBricken

Follow us on Instagram or join our Telegram channel

Be first to rate

Harris Bricken

More news