Hello, there fellow creatives. I'm William's Art. And in this video, we see a haywire Pikachu go on a killing spree. Making this video a horror parody of the Pokémon franchise.
A parody takes a piece of creative work-such as art, literature, or film-and imitates it in an exaggerated, comedic fashion. Parody often serves as a criticism or commentary on the original work, the artist who created it, or something otherwise connected to the work. In the United States, parody is protected by the First Amendment as a form of expression. However, since parodies rely heavily on the original work, parodists rely on the fair use exception to combat claims of copyright infringement. The fair use exception is governed by the factors enumerated in section 107 of the Copyright Act: (1) the purpose and character of the use; (2) the nature of the original work; (3) the amount and substantiality of the original work used; and (4) the effect on the market value of the original work. Generally, courts are more likely to find that a parody qualifies as fair use if its purpose is to serve as a social commentary and not for purely commercial gain.
(www.law.cornell.edu/wex/parod...)
However, many YTPs containing such material are still on the site. They do fall under Fair use in most cases, so it depends on how heavily the copyright owners (and RU-vid's automated systems) pursue the matter.
(www.makeuseof.com/what-is-you...)
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Distribution in any form and any channels now known or in the future of derivative works based on the copyrighted property trademarks, service marks, trade names and other proprietary property (Fan Art) of The Pokémon Company International, Inc., its affiliates and licensors (Pokémon) constitutes a royalty-free, non-exclusive, irrevocable, transferable, sub-licensable, worldwide license from the Fan Art's creator to Pokémon to use, transmit, copy, modify, and display Fan Art (and its derivatives) for any purpose. No further consideration or compensation of any kind will be given for any Fan Art. Fan Art creator gives up any claims that the use of the Fan Art violates any of their rights, including moral rights, privacy rights, proprietary rights publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way such material is used. In no uncertain terms, does Pokémon's use of Fan Art constitute a grant to Fan Art's creator to use the Pokémon intellectual property or Fan Art beyond a personal, noncommercial home use.
(www.pokemon.com/us/legal/)
30 сен 2022
