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	<title>Comments on: Ho White and the Seven Dwarves</title>
	<link>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/</link>
	<description>JFK: ''we choose to go to the ...''</description>
	<pubDate>Wed, 23 May 2012 01:17:58 +0000</pubDate>
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		<title>By: Nicole</title>
		<link>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-27047</link>
		<dc:creator>Nicole</dc:creator>
		<pubDate>Fri, 23 Oct 2009 02:33:06 +0000</pubDate>
		<guid>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-27047</guid>
		<description>And yet another pardoy 

Coal Black and de Sebben Dwarfs
http://www.veoh.com/browse/videos/category/animation/watch/v18824604HbnsJEww

Be warned .. this is from the late 40's and racial offensive stereotypes abound</description>
		<content:encoded><![CDATA[<p>And yet another pardoy </p>
<p>Coal Black and de Sebben Dwarfs<br />
<a href="http://www.veoh.com/browse/videos/category/animation/watch/v18824604HbnsJEww" rel="nofollow">http://www.veoh.com/browse/videos/category/animation/watch/v18824604HbnsJEww</a></p>
<p>Be warned .. this is from the late 40&#8217;s and racial offensive stereotypes abound</p>
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		<title>By: Michael Brown</title>
		<link>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26937</link>
		<dc:creator>Michael Brown</dc:creator>
		<pubDate>Wed, 21 Oct 2009 20:49:24 +0000</pubDate>
		<guid>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26937</guid>
		<description>well, there's the parody by wally wood entitled "So White and the Six Dorks".  Its very adult.</description>
		<content:encoded><![CDATA[<p>well, there&#8217;s the parody by wally wood entitled &#8220;So White and the Six Dorks&#8221;.  Its very adult.</p>
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		<title>By: furrykef</title>
		<link>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26900</link>
		<dc:creator>furrykef</dc:creator>
		<pubDate>Wed, 21 Oct 2009 04:38:56 +0000</pubDate>
		<guid>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26900</guid>
		<description>Lord Jubjub - "fair use" requires that you copy as few elements as necessary, including in the case of parody, although people usually get away with copying a bit more than that. It isn't necessary to copy the checkered quilt, the shape of the bed's headboard, the window grate, etc.... really, the red ribbon is probably the &lt;em&gt;least&lt;/em&gt; infringing element.</description>
		<content:encoded><![CDATA[<p>Lord Jubjub - &#8220;fair use&#8221; requires that you copy as few elements as necessary, including in the case of parody, although people usually get away with copying a bit more than that. It isn&#8217;t necessary to copy the checkered quilt, the shape of the bed&#8217;s headboard, the window grate, etc&#8230;. really, the red ribbon is probably the <em>least</em> infringing element.</p>
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		<title>By: Lord Jubjub</title>
		<link>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26895</link>
		<dc:creator>Lord Jubjub</dc:creator>
		<pubDate>Tue, 20 Oct 2009 22:18:41 +0000</pubDate>
		<guid>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26895</guid>
		<description>I actually think it is distinct enough from Disney's work that no one would be confused between the two--which is a major point.  There are only a limited number of ways that you can make Snow White into Ho White and show the seven dwarves.  The only issue I would have would be the red ribbon in the hair.</description>
		<content:encoded><![CDATA[<p>I actually think it is distinct enough from Disney&#8217;s work that no one would be confused between the two&#8211;which is a major point.  There are only a limited number of ways that you can make Snow White into Ho White and show the seven dwarves.  The only issue I would have would be the red ribbon in the hair.</p>
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		<title>By: indgeek</title>
		<link>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26886</link>
		<dc:creator>indgeek</dc:creator>
		<pubDate>Tue, 20 Oct 2009 19:17:15 +0000</pubDate>
		<guid>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26886</guid>
		<description>More so it isn't if they right or wrong, it's can you afford to fight Disney. Most can't.</description>
		<content:encoded><![CDATA[<p>More so it isn&#8217;t if they right or wrong, it&#8217;s can you afford to fight Disney. Most can&#8217;t.</p>
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		<title>By: Steven Hunter</title>
		<link>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26845</link>
		<dc:creator>Steven Hunter</dc:creator>
		<pubDate>Mon, 19 Oct 2009 18:36:31 +0000</pubDate>
		<guid>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26845</guid>
		<description>I guess my point more was that just because it's commercial in nature doesn't *automatically* exclude it from being fair-use under the parody exemption.

And yes, I am fully aware that Mr. Yankovic has historically sought, and received, permission from the original artists and/or their labels when releasing his parodies. Since the parody exemption stems directly from the criticism exemption, many of Mr. Yankovics songs would not pass scrutiny (several come to mind, such as "Money for Nothing/Beverly Hillbillies" which isn't a parody of either the original song nor of the television show).

Also, I would argue that the "Cat in the Hat" suit was more about trademark violation rather than strictly copyright, even if the suit was not specifically addressed as such. If the authors of the unauthorized work had not copied the aforementioned Cat's red and white striped hat you could easily have claimed it as a "style" parody, and given that you can't copyright "look and feel" (Apple v Microsoft) probably would have succeeded. 

PS: IANAL</description>
		<content:encoded><![CDATA[<p>I guess my point more was that just because it&#8217;s commercial in nature doesn&#8217;t *automatically* exclude it from being fair-use under the parody exemption.</p>
<p>And yes, I am fully aware that Mr. Yankovic has historically sought, and received, permission from the original artists and/or their labels when releasing his parodies. Since the parody exemption stems directly from the criticism exemption, many of Mr. Yankovics songs would not pass scrutiny (several come to mind, such as &#8220;Money for Nothing/Beverly Hillbillies&#8221; which isn&#8217;t a parody of either the original song nor of the television show).</p>
<p>Also, I would argue that the &#8220;Cat in the Hat&#8221; suit was more about trademark violation rather than strictly copyright, even if the suit was not specifically addressed as such. If the authors of the unauthorized work had not copied the aforementioned Cat&#8217;s red and white striped hat you could easily have claimed it as a &#8220;style&#8221; parody, and given that you can&#8217;t copyright &#8220;look and feel&#8221; (Apple v Microsoft) probably would have succeeded. </p>
<p>PS: IANAL</p>
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		<title>By: furrykef</title>
		<link>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26844</link>
		<dc:creator>furrykef</dc:creator>
		<pubDate>Mon, 19 Oct 2009 17:57:16 +0000</pubDate>
		<guid>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26844</guid>
		<description>Actually, for a work to be considered parody from a &lt;em&gt;legal&lt;/em&gt; standpoint, it has to comment upon the original work in some way. Hence, most of Weird Al's songs, like Eat It, are &lt;em&gt;not&lt;/em&gt; parodies in the legal sense of the term. (A few of them are, such as "Smells Like Nirvana", where Weird Al uses the song to comment upon the incomprehensibility of Kurt Cobain's vocals.)

Here is a &lt;a href="http://www.virtualrecordings.com/seuss.html" rel="nofollow"&gt;somewhat famous case&lt;/a&gt; where a Weird Al type of parody (whose premise was basically "What if O.J. Simpson wrote a Dr. Seuss book?") did not hold up in court, because the content of the book focused on the O.J. Simpson case, not Dr. Seuss's work.

Anyway, whether this Snow White image could be considered to comment upon the original work or not is far from cut and dry. Its humor is derived from its contrast with the wholesomeness (I hate that word) of the original, but doesn't seem to make an actual statement about the original. It could be that it doesn't have to, though, and the contrast with the original work may be a sufficient defense; Family Guy got away with this defense in a court case concerning a particularly offensive parody (in the "Weird Al" sense of the term, even!) of When You Wish Upon a Star.

- Kef</description>
		<content:encoded><![CDATA[<p>Actually, for a work to be considered parody from a <em>legal</em> standpoint, it has to comment upon the original work in some way. Hence, most of Weird Al&#8217;s songs, like Eat It, are <em>not</em> parodies in the legal sense of the term. (A few of them are, such as &#8220;Smells Like Nirvana&#8221;, where Weird Al uses the song to comment upon the incomprehensibility of Kurt Cobain&#8217;s vocals.)</p>
<p>Here is a <a href="http://www.virtualrecordings.com/seuss.html" rel="nofollow">somewhat famous case</a> where a Weird Al type of parody (whose premise was basically &#8220;What if O.J. Simpson wrote a Dr. Seuss book?&#8221;) did not hold up in court, because the content of the book focused on the O.J. Simpson case, not Dr. Seuss&#8217;s work.</p>
<p>Anyway, whether this Snow White image could be considered to comment upon the original work or not is far from cut and dry. Its humor is derived from its contrast with the wholesomeness (I hate that word) of the original, but doesn&#8217;t seem to make an actual statement about the original. It could be that it doesn&#8217;t have to, though, and the contrast with the original work may be a sufficient defense; Family Guy got away with this defense in a court case concerning a particularly offensive parody (in the &#8220;Weird Al&#8221; sense of the term, even!) of When You Wish Upon a Star.</p>
<p>- Kef</p>
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		<title>By: Nicole</title>
		<link>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26842</link>
		<dc:creator>Nicole</dc:creator>
		<pubDate>Mon, 19 Oct 2009 17:53:29 +0000</pubDate>
		<guid>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26842</guid>
		<description>Fried ... I suspect that is part of the problem</description>
		<content:encoded><![CDATA[<p>Fried &#8230; I suspect that is part of the problem</p>
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		<title>By: Fried</title>
		<link>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26840</link>
		<dc:creator>Fried</dc:creator>
		<pubDate>Mon, 19 Oct 2009 17:37:01 +0000</pubDate>
		<guid>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26840</guid>
		<description>Snow White is Hot!</description>
		<content:encoded><![CDATA[<p>Snow White is Hot!</p>
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		<title>By: David</title>
		<link>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26832</link>
		<dc:creator>David</dc:creator>
		<pubDate>Mon, 19 Oct 2009 15:18:37 +0000</pubDate>
		<guid>http://comicsidontunderstand.com/wordpress/2009/10/18/ho-white-and-the-seven-dwarves/#comment-26832</guid>
		<description>Regarding parody, fair use, and Weird Al - 

My understanding is that parody is protected, no matter how foul (the 2Live Crew/Roy Orbison lawsuit), but under fair use copyright law, the parodist still has to pay royalties when using someone else's tune, whether deliberately or accidentally, like in dance mixes or the My Sweet Lord and Ghostbusters lawsuits.  

Weird Al says that he won't release a parody without permission, that's why he's never put Chicken Pot Pie (Live and Let Die) on an album, because Paul McCartney is a vegetarian and couldn't endorse the song.  Legally, Al could do it anyway, as long as he pays the royalties, which is what happened with Coolio and Ganster's Paradise/Amish Paradise.  Al thought he had permission, Coolio says he didn't give it, but cashes the checks anyway.  When Al was set to release You're Pitiful (James Blunt's You're Beautiful), Sony started griping about it even though they'd originally signed off, and Blunt was fine with it.  Again, Al could have put it on the album anyway, but he just put it on the web for free.</description>
		<content:encoded><![CDATA[<p>Regarding parody, fair use, and Weird Al - </p>
<p>My understanding is that parody is protected, no matter how foul (the 2Live Crew/Roy Orbison lawsuit), but under fair use copyright law, the parodist still has to pay royalties when using someone else&#8217;s tune, whether deliberately or accidentally, like in dance mixes or the My Sweet Lord and Ghostbusters lawsuits.  </p>
<p>Weird Al says that he won&#8217;t release a parody without permission, that&#8217;s why he&#8217;s never put Chicken Pot Pie (Live and Let Die) on an album, because Paul McCartney is a vegetarian and couldn&#8217;t endorse the song.  Legally, Al could do it anyway, as long as he pays the royalties, which is what happened with Coolio and Ganster&#8217;s Paradise/Amish Paradise.  Al thought he had permission, Coolio says he didn&#8217;t give it, but cashes the checks anyway.  When Al was set to release You&#8217;re Pitiful (James Blunt&#8217;s You&#8217;re Beautiful), Sony started griping about it even though they&#8217;d originally signed off, and Blunt was fine with it.  Again, Al could have put it on the album anyway, but he just put it on the web for free.</p>
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