"Fair use" for parody

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Marksman45
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"Fair use" for parody

Post by Marksman45 » January 9th, 2006, 11:13 pm

Last night I read a web page that featured a parody of the "...for Dummies" books that dealt with HP Lovecraft's "Cthulhu mythos."
The page was originally titled "Cthulhu for Dummies," but was renamed "Cthulhu for Morons," with a footnote at every use of the phrase "for Morons."
This footnote led to a description of how the folks who make the "...for Dummies" books sent this guy a cease-and-desist letter for using their trademark, so he renamed it "for Morons."

However, they didn't have a case did they?
Isn't a parody like this protected under the "Fair Use" doctrine, USC 17 or somesuch?

Here's the site: http://www.chaosmatrix.org/library/humor/cthudum.html
Cthulu for Morons*
by Yael Dragwyla




--------------------------------------------------------------------------------


LOVECRAFT'S NECRONOMICON FOR MORONS*

Revenance for the Rest of Us (R)
The Fun and Easy Way to Summon Agents of Darkness (TM).

Your First Aid Kit (TM) for Tortured and Troubled Souls Lost in Alien Dimensions.

What to Do When Bad Things Happen (TM) --- Explained in Plain English and Whimpering Cries.


"I knew this experiment wouldn't work ... Huh?! ... Who are you?!!! How did you get here? ... my GOD ... WHAT are you?! ... What have I done? ... AAARGGGHHH"
-- James Randi, amazed Necronomicon reader. Found on an audio taped journal in an otherwise empty cabin.
Abdul's Top Ten Lists of Tips for the Necronomicon:

Ten shortcuts worth remembering
Ten unpopular mistakes and how to survive them
Ten most powerful ingredients for compounding the Incense of Zkauba
Ten cool tricks
"Necronomicon for Morons* (R) can serve as your Silver Key (TM) to portals through time and space." -- Y. Sothoth

Step into a new and improved world, "not in the spaces we know but between them". Walk serene with those "primal, undimensioned and ... unseen".

As it is said, "The Old Ones were, the Old Ones are, and the Old Ones shall be." This naturally intimidates some people --- relax and read NECRONOMICON FOR MORONS* to learn how to summon the Old Ones and their Awesome Powers. Abdul Alhazred's humorous, easy-to-follow style makes evocation of the Old Ones practically automatic.




--------------------------------------------------------------------------------

There seems to be a lot of Cthulu humor out there. Perhaps this is the the way people who deal with Cthulu stay sane. In any case, I have had a lot of Cthulu humor sent to me over the years, and this piece is one of them. Unfortunately, I had to change the title. It was originally entitled "Cthulu for Dummies" but I have received a legal notice from the greyfaces at IDG Books (who produce the "...For Dummies(R)" books) telling me that "it is highly likely that visitors could be misled into believing that this article was authorized by or is associated with IDGB." In other words, they have no sense of humor and seem to think that we're all so stupid that we can't tell a joke from the real thing.

IDG Books has asked me to "remove the infringing material from the Web page and anywhere else it appears and provide IDGB with your written assurances that you will refrain from infringing on its trademarks."

To satisfy IDGB I have changed the offending title from "Cthulu for Dummies" to "Cthulu for Morons". Last I checked, they did not have a "...For Morons" registered trademark, so this should deal with the legal problem.

Secondly, I am choosing to exercise my First Ammendment right to free speech, using this webpage as my forum. I had always enjoyed the "...For Dummies(R)" series put out by IDG Books, but I refuse to do business with a company that has no sense of humor, and can't even ask me politely to remove the material before threatening me with legal action that "if this matter cannot be immediately resolved, IDGB is fully prepared to enforce its rights." So I hereby declare that I am boycotting all IDGB products, including ancillary products licensed from IDGB bearing the "...For Dummies(R)" trademark. I encourage others to do the same. If you would like to look at the legal notice from the greyfaces at IDG Books to see just what pissed me off, please do so.
~-~

And here is the aforementioned legal notice:
http://www.chaosmatrix.org/library/humor/cthudum2.html
Dear Sir or Madam:

I am writing to you about a matter of great importance to our company,
namely, the protection of our intellectual property. We would
appreciate it if you would review this letter and respond by June 1,
1998.

As you may know, IDG Books Worldwide ("IDGB") publishes and distributes
globally a line of reference books known as the "...For Dummies(R)"
series. The "...For Dummies(R)" series has been in existence since
November 1991 and has enjoyed unprecedented success. In fact, there are
over 50 million "...For Dummies(R)" books in print and the books have
been translated into 38 languages. The "...For Dummies(R)" series
includes, among many other titles, Windows(R) For Dummies(R), The
Internet For Dummies(R), Politics For Dummies(R), Personal Finance For
Dummies(R), and Fitness For Dummies(R). IDGB also licenses and
distributes numerous line extensions and ancillary products based on the
"...For Dummies(R)" series, including musical CDs, clothing, toys, and
calendars.

The "...For Dummies(R)" series is immediately recognizable by, among
other things, the trademark "...For Dummies(R)." The "...For
Dummies(R)" trademark appears not only on the books themselves but also
on trade and consumer advertising, in catalogs, on point of sale
displays, on giveaway items, on IDGB's Web site, and on other
promotional material distributed around the world. IDGB has made a
considerable investment in promoting the identification of its "...For
Dummies(R)" trademark to its distributors and customers. As a result,
and as evidenced by the many articles written and comments received from
distributors, customers, and the press, it is clear that IDGB's "...For
Dummies(R)" trademark is widely identified with IDGB. In short, this
trademark is an extremely valuable asset of IDGB.

It has come to our attention that you have published an article on the
www.sonic.net Web site (specifically,
http://www.sonic.net/fenwick/chaos/cthudum.html) entitled "Cthulu for
Dummies." Unfortunately, this title uses and infringes IDGB's federally
registered "...For Dummies(R)" trademark. In addition, it is highly
likely that visitors could be misled into believing that this article
was authorized by or is associated with IDGB.

We hope that this matter can be resolved quickly and amicably.
Accordingly, we request that you remove the infringing material from the
Web page and anywhere else it appears and provide IDGB with your written
assurances that you will refrain from infringing its trademarks. Please
be advised that if this matter cannot be immediately resolved, IDGB is
fully prepared to enforce its rights. We look forward to hearing from
you on or before June 1, 1998.

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Lightning Rod
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Post by Lightning Rod » January 10th, 2006, 12:25 am

I have had to deal with this issue several times because I am a satirist.

The Wierd Al case in the Supreme Court pretty well decided this:

http://www.gigalaw.com/articles/2000-al ... 2-all.html

parody or satire is fair use
"These words don't make me a poet, these Eyes make me a poet."

The Poet's Eye

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firsty
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Post by firsty » January 10th, 2006, 10:10 am

another example of big business. they know the law, and despite that fact, they try to take advantage of people who dont have the legal expertise at their fingertips.

cease and desist letters are usually unsound, but they're scary. recently, a maker of a freeware app that loaded song lyrics into itunes metadeta was accused of infringing on musicians' rights, despite the fact that the software simply scripted publicly available material into documents for an individual's use, perfectly legal. the app was taken down because the cease and desist letter was scary, even though it was a blatent attempt to misuse the law.

thank God for weird al.
and knowing i'm so eager to fight cant make letting me in any easier.

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