copyright issues for PARODY songs?

[funsongs]

Just came from watching the YouTube upload of TAXI TV highlight, addressing the use and licensing issues connected with COVER songs...
and that prompted me to post this example of a PARODY song... with a similar QUESTIONS.
With Her Mask On - Standing There (apologies to The Beatles)


Use issues:
1) the backing tracks were grabbed off of YouTube.
2) the melody is, obviously, a huge hit from the early years of The Beatles.
3) it's intended to be COVID-19/lockdown/mask-wearing 'humor'.

[superblonde]

McCartney and all other owners would have to grant permission prior to publication because it is not legal to modify lyrics without (written) permission. It doesn't matter whether or not it is a "parody" by anyone's definition of the moment.

Infringing copyright does not apply if the melody and the lyrics are an exact copy of the original which defines the new song as a cover.


Charles J. Sanders and Steven R. Gordon, Stranger in Parodies: Weird Al and the Law of Musical Satire, 1 Fordham Intellectual Property, Media and Entertainment Law Journal 11 (1990).
https://ir.lawnet.fordham.edu/cgi/viewc ... ntext=iplj

[funsongs]

McCartney and all other owners would have to grant permission prior to publication because it is not legal to modify lyrics without (written) permission. It doesn't matter whether or not it is a "parody" by anyone's definition of the moment.

Infringing copyright does not apply if the melody and the lyrics are an exact copy of the original which defines the new song as a cover.


Charles J. Sanders and Steven R. Gordon, Stranger in Parodies: Weird Al and the Law of Musical Satire, 1 Fordham Intellectual Property, Media and Entertainment Law Journal 11 (1990).
https://ir.lawnet.fordham.edu/cgi/viewc ... ntext=iplj

Thanks for all of that. Certainly, Weird Al was the first name/example that came to mind - that's been 'his thing', as his mode of comedy.
That prompts my next question/wonderment: what are the rules that govern the creating of backing tracks/loops/karaoke music that stays true - almost - to the original music?
Good discussion material.
Thanks again.
This one was a pretty straight-forward COVER... though I added some piano & vocal harmony (NOT trying to pitch it for any listing or licensing - just for fun).

[superblonde]

The rules are whatever the high priced lawyers of a rich estate like Marvin Gayes decide to argue in court. Which is why broke musicians play it safe by avoiding contention. Rhythm, bass, harmony and percussion is not copyrightable. Melody and lyrics are, and a cover must not modify melody or lyrics otherwise it is considered a derivative work which requires permission & royalty payments to the original writers. Robin Thicke vs. Marvin Gaye additionally won the case that rhythmic feel & bass line very similar to an original were also infringing copyright ( = $$$ ) and in fact Robin Thicke was dumb enough to tell interviewers "this new song was heavily inspired directly by Marvin Gaye and made to sound just like his song" (self incriminating.. duhh).