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There’s multiple parts to Weird Al’s Licensing scenario, because oddly - The law separates out copyright on what we broadly know as “songs” into two parts. The
by GauntletWizard 6y ago
There’s multiple parts to Weird Al’s Licensing scenario, because oddly - The law separates out copyright on what we broadly know as “songs” into two parts. The lyrics are legally distinct from the melody that they are sung to[1].
Weird Al licenses his parodies, both the lyrics and the music, but additionally asks for permission from the singer/songwriter out of respect for the artists. Often the copyrights on both lyrics and melody are assigned to someone (or usually, corporate entity) other than what we think of as the “Artist”. He possibly (depending on the song in question) has a legal case for some of his lyrical parodies (Not so much “The Saga Begins”, but “Addicted to Spuds” is certainly a parody of love songs in general and “Addicted To Love” in that blast radius), but he plays the original melody, and that requires him to license his work.
Apropos but distinct: Figuring out the copyrighting entity, or if there’s a copyright at all, is itself a challenge: https://en.wikipedia.org/wiki/Happy_Birthday_to_You#Copyright_status https://en.wikipedia.org/wiki/Happy_Birthday_to_You#Copyrigh...
[1]https://www.copyrightuser.org/create/creative-process/going-for-a-song-track-1/ https://www.copyrightuser.org/create/creative-process/going-...
- sitharus 6y agoAnother important point is that in the USA the license for the lyrics is subject to copyright holder approvals and price negotiations. The music however is subject to a compulsory license. Anyone can pay the fee and perform the music.
- Talanes 6y agoHis own comments on the matter are that it come down more to a matter of politics than actual legality. At least, in the one case[1] that a record label (rather than the artist) told him no, he seemed confident that he could still have sold the song, and he had no problem releasing it anyway. {1}https://www.npr.org/templates/story/story.php?storyId=5482774 https://www.npr.org/templates/story/story.php?storyId=548277...
- jameshart 6y agoYeah, I think Weird Al does occasionally do parody in the legal sense. Amish Paradise for example definitely has something to say about the relationship of hip hop and gangsta culture, which is probably protected parody.